Rescinding Gregory Afoko's bail an injury to rule of law - Lawyer

By Justice Kofi Bimpeh
Lawyer Francis Xavier Sosu
Lawyer Francis Xavier Sosu

Lawyer Francis Xavier Sosu has described as an injury to rule of law and subverting justice the decision of the High Court to rescind the bail granted Gregory Afoko.

In an interview with Citi FM, lawyer Sosu alleged clear collusion between the judiciary and the executive to deny Gregory Afoko his fundamental human rights.

"Honestly I'm completely disappointed and I feel very sad for Ghana and I feel very sad for every citizen of Ghana because this is not about Gregory Afoko but it is about an injury to the rule of law, is about subverting justice with respect to the ordinary Ghanaian, is about judicial abuse, is about abuse of office, is about political corruption, this is a clear collusion between executive and judiciary to deny a Ghanaian of his fundamental rights.."

Lawyer Sosu further explained that the decision of the High Court to reverse a decision of another High Court contradicts what they were taught in law school.

"... I'm trying to really control my emotions and even control my words, the reason is that we went to law school and we were thought what the laws of Ghana ........and one of the tests of any legal system is certainty of laws and when we talk about the certainty of the law we are talking about a situation where we know for sure that one plus one is going to be two in the law, the laws are very clear and when you go to the constitution the innonce of people who are alleged to have committed crimes are supposed to be presumed until they are proven guilty in a court of competent jurisdiction, now when you go to Article 14 it talks about the fact that anytime a person is being tried without predujice to any step that may be available to the state ones that trial delays the person is automatically entitled to release so I don't know what about Gregory Afoko's case that the orders of the court have been disrespected with impunity by the police, the Police chiefs have been cited for contempt and while that is ongoing another High court differently constituted goes to rescind the decision of the High court which was earlier granted.."

"This is not a regular situation that is allowed because the High court is bound by its own decision so you can not depart and if you are going to depart there must be reasonable basis for which you are departing but this a pure bail application granted by a one High court I don't know the basis of this departure but the point it that even the application is in bad faith," he added.

Court revokes bail granted Gregory Afoko

Accra High Court has revoked the bail granted to Gregory Afoko, one of the men alleged to have conspired to kill the Upper East Regional Chairman of the New Patriotic Party (NPP), Alhaji Adams Mahama, in 2015.

On March 14, 2019, another Accra High Court, presided over by Justice George Buadi, admitted Gregory Afoko to bail in the sum of GhȻ500,000 with two sureties, one of whom must be justified.

That was after his lawyers had argued that their client deserved to be granted bail because the state was not ready to prosecute him.

The lawyers based their argument on a nolle prosequi filed by the Attorney-General on January 28, 2019 to discontinue Afoko’s trial after more than three years of trial.

The A-G filed the nolle prosequi after the arrest of Asabke Alangdi, the other person alleged to have conspired with Afoko to allegedly commit the murder.

However, at a hearing on Monday, another High Court, presided over by Justice Merley Afua Wood, a Justice of the Court of Appeal sitting as an additional High Court judge, rescinded the bail granted to Afoko.

Justice Wood’s court is the court where a fresh trial of Afoko and another Alangdi has commenced.

The court rescinded the bail after upholding the arguments by the prosecutor, Ms Marina Appiah Oppong, a Chief State State Attorney.

Ms Oppong argued that the circumstances under which Afoko was granted bail had changed.

According to her, the other High Court granted Afoko bail on the basis that the state was not certain as to when to start prosecutions.

It was her argument that the state has completed the committal proceedings and commenced trial quickly after the nolle prosequi was filed.

She further argued that looking at the nature of case and the expected punishment, there was the likelihood that Afoko would not appear before the court to stand trial if the bail was not rescinded.

Justice Wood agreed with the prosecutor, rescinded the bail and adjourned the case to July 17. Jurors are expected to be empanelled on that day.