Gregory Afoko, one of two persons accused of killing a former Upper East Regional Chairman of the New Patriotic Party (NPP) in 2015, is challenging the decision of the Accra High Court to revoke his bail.
His legal team has, therefore, filed three processes — one at the Court of Appeal and two at the Supreme Court — to have the High Court’s decision overturned.
At the Court of Appeal, the lawyers are appealing against the revocation of the bail, while at the Supreme Court they want an order of certiorari quashing the revocation, and an order of prohibition to stop the High Court judge, Justice Merley Afua Wood, from presiding over the trial.
Afoko and Asabke Alangdi are accused of conspiring to kill and killing Alhaji Adams Mahama, the former NPP Upper East Regional Chairman.
They have pleaded not guilty to the charges of conspiracy to commit murder and murder.
In view of the challenge at the Supreme Court, the High Court has put the trial on hold.
At Friday’s hearing, Justice Merley Wood adjourned the case to November 8, 2019
On March 14, 2019, an Accra High Court, presided over by Justice George Buadi, admitted Afoko to bail in the sum of GH¢500,000 with two sureties, one of whom must be justified.
That was after his lawyers had argued that their client deserved to be granted bail because the state was not ready to prosecute the case.
The lawyers based their argument on a nolle prosequi filed by the Attorney-General (A-G) on January 28, 2019 to discontinue Afoko’s trial after more than three years of trial.
The A-G filed the nolle prosequi after the arrest of Asabke Alangdi, the other person alleged to have conspired with Afoko to allegedly commit the murder.
After the arrest of Alangdi, the A-G started another committal proceedings against the two accused at the District Court, leading to their arraignment at the High Court, presided over by Justice Wood for a new trial.
On July 25 this year, Justice Wood, a justice of the Court of Appeal, sitting as an additional High Court judge, rescinded the bail granted to Afoko.
The court rescinded the bail after upholding the arguments by the prosecutor, Ms Marina Appiah Opare, a Chief State Attorney, that the circumstances under which Afoko was granted bail had changed.
Ms Opare argued that the other High Court granted Afoko bail on the basis that the state was not certain as to when to start prosecution, but that the A-G had finished the committal proceedings in record time, leading to a fresh trial.
Alhaji Mahama suffered severe bodily injuries after a substance suspected to be acid was allegedly poured on him in front of his house in Bolgatanga on May 20, 2015.
He later died from the injuries at the Bolgatanga General Hospital.