A Magistrate Court in Accra was unable to deliver its ruling on a bail application put in by Gregory Afoko, the man who is alleged to have poured acid on the late Upper East Regional Chairman of the New Patriotic Party, Adams Mahama.
The court noted that the defence counsel, Mr Israel Ackah did not furnish it early enough with a ruling of an Accra High Court, concerning Afoko’s bail.
According to the court, the High Court ruling should be filed.
Mr Ackah promised to furnish all parties, including prosecution, with the High Court’s ruling by close of today Wednesday, Dec 16, so that the Magistrate’s Court could rule on the matter.
He said the High Court ruled that if the Magistrate’s Court had no mandate to grant bail to the accused, then it had no business to remand him.
The matter was, therefore, adjourned to December 21.
On December 10, this year, Mr Ackah told the Court that the state has no interest in prosecuting his client, hence Afoko should be admitted to bail.
Mr Ackah recounted that Afoko was a citizen of Ghana and the Constitution guaranteed him freedom of movement as his client was presumed innocent until proven otherwise by a court of competent jurisdiction.
He recounted that access to justice required that Afoko should be heard in a court, but this has not been done.
Mr Ackah said they had gone to a High Court in Accra to quash every proceeding before the Magistrate’s court, as it had no mandate to grant bail to the accused person.
Counsel noted that his client, who has been in lawful custody for eight months, was ready to provide sureties.
Superintendent of Police Francis Baah, at the last sitting said, the “AG is on it. They have not finished. I therefore pray for more time.”
Afoko has been charged for murder, his accomplice, Musah Issah, is being held for abetment of crime. Their pleas have not been taken.
On July 10, the Magistrate’s Court presided over by Mr Worlanyo Kotoku, admitted Issah to bail in the sum of GH₡ 20,000.00 with four sureties.
He is to report to the Criminal Investigation Department of the Ghana Police Service before noon from Monday to Thursday, until the case is disposed of.
In the case of Afoko, an Accra High Court refused him bail, saying there had not been any unreasonable delay in the matter.
The Court presided over by Mr Justice K. A. Okwabi noted that the facts and charges were properly laid and they connected Gregory to the crime.
In May, while he was on the way home, Mahama was attacked with acid, and he later died in the hospital.
He reportedly named some of the persons who attacked him.
According to the Police, Afoko after his arrest, was asked to lead the Police to the house of his accomplice, Asabke Alangdi, but “he rather took them to his father’s house.”
The Police said they later located the house of the second person, but the suspect, having gotten wind of their presence, absconded with his wife, leaving behind their baby.
A gallon, which allegedly contained some of the substance and a plastic cup, were retrieved from the scene for forensic examination, the Police stated.
The Police said: a “post mortem examination was conducted on the body of Adam and the pathologist gave the cause of the death as shocked lungs and extensive acid burns.”
Issah was arrested for allegedly buying the acid used for the attack. GNA