Oliver Mawuse Barker-Vormawor
Leader of the #FixTheCountry Movement, Oliver Mawuse Barker-Vormawor, has finally heeded to the advise of the Ashaiman District Court and filed an application for bail at a Tema High Court.
The former Presidential Staffer in the previous National Democratic Congress (NDC) administration is facing treason felony charges at the Ashaiman court.
He has been remanded twice by the court presided over by Eleanor Kakra Barnes-Botchway’s after he took to social media to threaten a coup if the controversial Electronic Transfer Levy commonly called E-levy is passed by Parliament.
On his Facebook timeline, Barker-Vormawor posted that “If this E-Levy passes after this cake bullshit, I will do the coup myself.”
He went aheard to insult the Ghana Armed Forces by describing the military as “Useless Army!”
The activist was subsequently arrested immediately he touched down at the Kotoka International Airport from the United Kingdom where he is pursuing a doctorate degree.
He was subsequently remanded into police custody by the Ashaiman District Court.
Several attempts to secure bail for the social media activist from the district court to the Supreme Court, the courts rejected those requests with a advise for them to put in a bail request at the High Court since the liberty of an individual is at stake.
Supreme Court struck out the application to quash a ruling of the High Court B Tema, which declined to order the Inspector General of Police and the Attorney General to justify the continued detention of #FixTheCountry activist.
The court also advised Mr. Barker-Vormawor’s lawyers to apply to the High Court for bail.
Interestingly, a Deputy Attorney General, Diana Asonaba-Dapaah who led the charge of the State reportedly described the application as a salad.
She said the AG was even unable to file a response to the application for the mixed nature of it,” stating that “We did not file anything in response because a look at the application that has been served and the reliefs that have been served we think that in one breath they are seeking to invoke the supervisory jurisdiction of the Court, and in another breath, they are seeking to invoke the Court’s original jurisdiction.”
President of the panel, Justice Jones Dotse pointed out that “Your 2nd and 3rd Reliefs are problematic for you”.
His Lordship consequently noted that “what you have come for, with respect, you cannot succeed, much as we sympathise with your client”.
The application was filed by the brother of the activist, Elinam Philip Vormawor, and directed at the Inspector General of Police, Dr. George Akuffo Dampare, and the Attorney-General, Godfred Yeboah Dame.
His lawyers say they applied to the High Court on Wednesday, February 16, 2022, for the order after the Ashaiman District Magistrate Court declined jurisdiction in a bail application, without making any orders for Mr. Vormawor’s continuous detention by the Ashaiman Police.
Prior to the ruling, the lawyers say Mr. Vormawor had been detained between Friday, February 11, when he was arrested at the Kotoka International Airport, and Monday, February 14, when he was first presented before the Court without considering the question of his personal liberty.
They also say though, a charge sheet containing a charge of Treason Felony was read out to Mr. Vormawor at the District Court, his plea was not taken, neither was a bill of indictment presented to the Court.
Per a statement from the #FixTheCountry Movement, it appears Barker-Vormawor has finally heeded to the advise and filed a bail application at a High Court.
“In all these sessions, however, the courts have told Oliver one and only one thing which is contrary to Article 14(3)b) of the Constitution – that he rather should take his detainers to the court which has jurisdiction to ensure his right to personal liberty.”
“By that, it is now well-established that the constitutional duty of the police to bring persons they have arrested to a court of competent jurisdiction no longer exists. That duty is now on the individual to perform.”
“Accordingly, Oliver has agreed to perform that duty. He has signed the affidavit in support of an application for bail at the High Court. The application has since been filed and will be heard on Thursday, March 10, 2022, at the Tema High Court,” part of the statement reads.
Barker-Vormawor was remanded into police custody for another two weeks after his appearance on Tuesday.
He will return to court on March 15, 2021.
During the hearing, Mr. Barker-Vormawor’ was walked out of the courtroom after his lawyer raised issues with the jurisdiction of the Ashaiman District Court to preside over a matter that bordered on the personal liberty of his client.
By Vincent Kubi