SC Dismisses Application Challenging Afoko’s Bail Revocation

A five-member Supreme Court panel presided over by Justice Jones Dotse, has dismissed an application challenging the decision by a High Court to revoke the bail granted to Gregory Afoko by another High Court.

The Criminal Division of the Accra High Court granted bail to Gregory Afoko on the 14th of March 2019. Mr Afoko is suspected to be one of two persons alleged to have killed the Upper East Regional Chairman of the New Patriotic Party (NPP), Adams Mahama, in 2015.

Afoko was admitted to bail in the sum of GH¢500,000 with two sureties, one of which must be justified. As part of the bail conditions, the court presided over by Mr Justice George Buadi, also ordered Afoko to report himself to the Criminal Investigations Department (CID) of the Ghana Police Service every two weeks.

In his argument before the Supreme Court, lawyer for the accused person, Safo Buabeng, contended that it was a clear case of error for another High Court to rescind the decision of another High Court after it has granted bail. He sort the order of the Court to quash the decision of the High Court presided over by Justice Merley Wood, which had occasion to rescinded Mr. Afoko’s bail.

Deputy Attorney General, Godfred Yeboah Dame in the State’s Opposition to the application indicated to the Court that per the rules governing the filing of Nolle Prosequi, once same is filed, it automatically terminates proceedings at the High Court. To that end, he contended that at the time the High Court rescinded the bail of Mr Afoko, it was perfectly within its right to do so because the State’s interest in the previous case had ended. He further argued that there is only one High Court and there the argument by the applicant that it is wrong for another High Court to rescind the decision of the other is not turntable.

“The application is unmeritorious and same must be dismissed” the Deputy Attorney General stated in Court.

In their ruling, the Supreme Court noted that they have read all the submissions of both parties and have also listened to the parties. It was their considered opinion that the High Court that revoked the Bail of Mr. Afoko did no wrong.

“There no basis for the application. The application fails and same is accordingly dismissed” the Presiding Judge, Justice Jones Dotse said.

Background

The late Alhaji Adams Mahama, former Upper East Regional Chairman of the New Patriotic Party (NPP) suffered severe bodily injuries after a substance suspected to be acid was allegedly poured on him in front of his house in Bolgatanga on May 20, 2015. He later died from the injuries at the Bolgatanga General Hospital. Afoko’s trial started in 2016 and was nearing completion after the prosecution and the defence had closed their cases.

On January 26, 2019, Afoko closed his case after he and his brother, John Ishmael Afoko, had testified. The prosecution, led by a Chief State Attorney, Matthew Amponsah, had called 14 individuals as prosecution witnesses. Subsequently, the presiding judge, Justice Lawrence Mensah, directed the two parties to file their written addresses.

Nolle prosequi

However, on January 28, 2019, the A-G filed a nolle prosequi to discontinue the trial following the arrest of the other suspect, Asabke Alangdi, who had been on the run since the incident occurred in 2015.

Afoko and Alangdi were then put before the Accra Central District Court on provisional charges of conspiracy to commit murder and murder for committal proceedings, which are a prelude to the trial at the High Court.