The Supreme Court has dismissed an application challenging the fairness and propriety of the decision of the Attorney General to discontinue the trial of Gregory Afoko who has been accused of murdering the Upper East Regional Chairman of the New Patriotic Party (NDC), Adams Mahama.
His lawyers filed the application at the Apex Court urging it to order the AG to go back to the High Court to continue the trial which was nearing its conclusion.
According to them, the decision by the AG to discontinue the trial just when the parties were about to file their various addresses was unfair and unjust and was against Articles 23 and 296 of the 1992 Constitution.
The AG however, contended that the decision to discontinue the trial was done with no intent of bias or unfairness.
A seven-member panel of the Supreme Court presided over by Justice Julius Ansah in a unanimous judgment dismissed the application saying Afoko’s lawyers failed to show that the AG’s decision was arbitrary and unjust.
According to the judges, the fact that the trial was nearing its conclusion did not prevent the AG from taking the decision to discontinue it.
One of the judges, Justice Gabriel Pwamang however, in a concurring opinion stated the AG must be circusmspect in exercise its powers to discontinue trial as it may have consequences on the criminal justice system.
Afoko was on trial before an Accra High Court, charged with murder to which he pleaded not guilty.
The state had 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.
He called his elder brother, John Afoko as his only witness in the matter.
The court presided over by Justice Lawrence L. Mensah then ordered Afoko to file his statement after which the state will respond, and both parties taking turns to address the court before the jury make 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 who has been hiding in Ivory Coast after fleeing the country.
But lawyers for Afoko have filed a motion at the Apex Court to challenge the decision of the AG to enter the Nolle Prosequi.
BY Gibril Abdul Razak