Gregory Afoko
Lawyers for Gregory Afoko, the prime suspect in the murder of the Upper East Regional Chairman of the New Patriotic Party (NPP), have ‘ambushed’ the Office of the Attorney General in their attempt to stop the preliminary hearing at the Magistrate Court.
The lawyers informed the court that they had filed an application at the Supreme Court seeking an order on the state to go back to the high court to continue with the trial which was nearing judgment.
Benedicta Antwi, who held brief for Osafo Buabeng, lead counsel for Afoko, prayed the court to stay its proceedings pending the determination of the application by the apex court.
She said they have also filed an application to challenge the decision of the AG to enter Nolle Prosequi to discontinue the earlier trial at the high court.
But a state attorney, Lilly Atutiga, told the court that they have been ambushed, as there is no application before the lower court demanding it to stay its proceedings.
She said the AG’s Office was not served with any application or affidavit in support to which it would respond and file its statements.
The state attorney told the court that all that the defence lawyers furnished the AG’s Office with was a letter written to the registrar of the High Court and copied to them.
She said it was the same letter that was copied to the registrar of the Accra Central Magistrate Court and that was the letter the defence lawyers were relying on to stay the proceedings.
This, she said, is not proper, as the lawyers ought to have filed an application accompanied by an affidavit so that the AG can properly respond to it.
The court, presided over by Magistrate Afua Sackey, sided with the state attorney, adding that she does not have any application before her.
She said she has a letter copied to the court’s registrar which was given to her.
She, therefore, asked the lawyer to go back and properly file an application.
The case was adjourned to February 27, 2019 for the application to be heard.
Afoko was on trial before an Accra High Court charged with murder to which he pleaded not guilty.
The state closed its case after calling 14 prosecution witnesses, including the wife of the late Adams Mahama, to prove its case against the accused.
Afoko subsequently opened his defence and vehemently denied the charges preferred against him.
The court, presided over by Justice Lawrence L. Mensah, ordered Afoko to file his statement after which the state will respond, and both parties would take turns to address the court before the jury makes a decision.
But the state on January 28, 2019 entered Nolle Prosequi to discontinue the matter which has been before the court since 2016.
This followed the arrest of Asabke Alangdi, another suspect in the murder of Adams Mahama, who was hiding in Burkina Faso after fleeing the country.
By Gibril Abdul Razak