An Accra High Court yesterday dismissed an application seeking to stop the trial of the National Democratic Congress (NDC) National Chairman, Samuel Ofosu Ampofo.
The court presided over by Justice Samuel Asiedu held that the application is without merit because it raises no exceptional circumstances meriting a halt of the trial.
Lawyers of the NDC National Chairman had filed the application in an attempt to stay proceedings pending the determination of an appeal against the dismissal of an earlier application seeking to strike out the two charges of causing harm to a public officer.
Mr. Ampofo’s lawyers had earlier filed an application urging the court to strike out the charge of assault leveled against him which the court dismissed.
His lawyers are currently seeking to overturn this decision at the Court of Appeal.
Lead Counsel, Tony Lithur, asked that the court halts proceedings pending determination of the appeal.
State Prosecutors, however, opposed the application insisting nothing barred the court from proceeding with the trial since the Court of Appeal has not granted any such request.
The state had argued that the application was frivolous and an abuse of the court process.
Justice Asiedu as a result dismissed the application and adjourned the case to October 17, for the state to call its first witness.
Mr. Ofosu Ampofo is standing trial for conspiracy to assault a public officer and conspiracy to cause harm after he was secretly recorded allegedly outlining plans to cause mayhem.
He has been charged with one count of conspiracy to cause harm and two counts of assault against a public officer, while Kwaku Boahen, Deputy Communications Officer of the NDC, is facing one count of conspiracy to cause harm.
He was said to have incited some of his party’s supporters towards violent acts in apparent response to the violence during the Ayawaso West Wuogon by-election.
He was heard on a leaked recording allegedly sanctioning verbal attacks on some public officers like the Electoral Commission (EC) Chairperson and the National Peace Council Chairperson.
On July 8, 2019, a similar application by lawyers for a Deputy Communications Officer of the NDC, Kwaku Boahen, requesting for charges against their client to be struck out was dismissed by the Court.
Mr. Boahen’s lawyers in their application insisted that the evidence filed by the prosecutors fails to satisfy the charge of conspiracy brought against their client.
But Justice Asiedu disagreed indicating that the court will not accept an invitation to assess evidence brought by the prosecution before its merits are even delved into.
He further added that the application by the accused person did not have any merit.
Story By Jeffrey De-Graft Johnson
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