Bright Alan Debrah Fosu, one of six people sentenced to death by hanging for plotting to overthrow the then Nana Akufo-Addo led New Patriotic Party (NPP) government, has been granted bail of GH¢2.5 million by a High Court in Accra, pending an appeal against his conviction and sentence.
The decision followed a ruling by a three-member panel of the court presided over by Justice Eugene Nyante Nyadu and assisted by Justices Ruby Aryeetey and Kizita Naa Quarshie, which held that the convict had demonstrated exceptional circumstances in his application warranting the court to grant bail.
Fosu was among six people found guilty by three judges in January 2024 and sentenced to death by hanging over the failed plot to overthrow the NPP government through a violent coup.
Bright Alan Debrah Fosu, together with Kafui Donya, also known as Ezor, was found guilty of conspiracy to commit high treason and the substantive charge of high treason and has been serving his sentence since January 24, 2024.
The other accused in the case include Johannes Zikpi, a civilian with the Ghana Armed Forces, and soldiers such as Lance Corporal Ali Solomon, Lance Corporal Sylvester Akapewu, and WOII Esther Saan Dekuwine, who were found guilty of conspiring to commit high treason.
Three other persons, ACP Dr. Benjamin Agordzo, a senior police officer; Col. Samuel Gameli, a senior military officer; and Lance Corporal Seidu Abubakar, another soldier, were acquitted and discharged of abetment of high treason, conspiracy to commit treason, and treason.
The court, presided over by Justices Afia Serwah Asare-Botwe, Stephen Oppong, and Hafisata Amaleboba of the Court of Appeal sitting as additional High Court judges, held that the Office of the Attorney General could not prove the allegations against them beyond reasonable doubt.
The nine were initially charged on April 24, 2021, over plans to usurp the executive powers of Ghana through a coup, including discussions on whether to kill President Akufo-Addo if he was captured.
Almost two years after his sentencing, Fosu filed an application urging the court to grant him bail while he pursued an appeal.
His lawyer, Kormivi Dzodzi, argued that Fosu was not given adequate opportunity to properly defend himself, amounting to a breach of his right to a fair trial. He further contended that the trial court was extremely hostile toward Fosu, denying him adequate time and facilities to defend himself.
The application was opposed by Hilda Craig, a Principal State Attorney, who argued that it lacked merit and urged the court to dismiss it.
After a recess, the court held that the application demonstrated exceptional circumstances and granted Fosu bail of GH¢2.5 million with two sureties, one of whom must justify landed property.
He was ordered to surrender his passport to the registrar of the court pending the final determination of his appeal.
The court also placed him on the Police Stop List, stating he can only travel outside the jurisdiction with express permission from the court.
Fosu was given six months to prepare the record of appeal and transmit it to the Court of Appeal, no later than April 9, 2026. The court held that any breach of these conditions would result in the revocation of bail.
By Gibril Abdul Razak