Court to rule on Gregory Afoko's bail application Tuesday
The Criminal Division of the Accra High Court will today rule on a bail application by Gregory Afoko, the man indicted with the murder of the Upper East Regional Chairman of the New Patriotic Party (NPP), Adams Mahama.
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The court, presided over by Mr Justice L. Mensah, a Court of Appeal judge with additional jurisdiction over the High Court, has also directed the prosecution to make its submission in opposition to the application on the same day before the ruling.
Non-bailable offences
Counsel for Afoko, Mr Israel Ackah, on Friday informed the court that the application was premised on a Supreme Court judgement on May 5, 2016 which struck out non-bailable offences as unconstitutional.
He stated that the said judgement indicated that any such application should be based on evidence.
He explained that the prosecution’s bill of indictment and the facts did not link Afoko to the offences he had been charged with.
“The bill of indictment and the facts do not show that the accused person’s fingerprints were found on any of the items collected at the crime scene. The prosecution’s case is, therefore, based entirely on hearsay and speculation,’’ he said.
Surety
Mr Ackah further said two relatives of Afoko, a senior educationalist and a senior medical officer, were prepared to stand surety for the accused in case the application was granted.
“They are persons of substance prepared to stand surety for the accused. Also, whatever further conditions the court may require, he is ready to satisfy them all,’’ he said.
Counsel added that there were no ongoing police investigations and, therefore, the accused would not temper with any exercise of that sort in case the application was granted.
“He is a citizen of Ghana who has a fixed place of abode. He is ready to deposit his passport and also face his accusers in court,’’ he stated.
I am not guilty
Afoko has pleaded not guilty to the charges of conspiracy and murder.
According to the facts of the case, on May 14, 2015, Gregory’s brother, Mr Paul Afoko, and Mr Kwabena Agyepong, then National Chairman and General Secretary, respectively, of the NPP arrived in Bolgatanga for a meeting.
Adams Mahama, the prosecution claimed, organised some thugs to violently attack the two, scuttling the planned meeting at the Azumsolon Guest House, accusing them of campaigning against the flag bearer, Nana Addo Dankwa Akufo-Addo, and also not notifying him (Mahama) of the meeting.
The situation, according to the prosecution, was later brought under control by the police, adding that Gregory, who was then upset, confronted Mahama but was chased away by some thugs.
Another group
The facts also noted that Gregory and one Asabke Alangdi formed another youth group in their bid to protect persons perceived to be against Nana Akufo-Addo.
It said Gregory and Alangdi held a series of meetings with the youth and on May 20, 2015 they laid ambush at Mahama’s residence with a substance suspected to be acid.
“Mahama returned home around 11:10 p.m. in his pick-up vehicle, with registration number NR 761-14, and immediately he parked the vehicle in front of his house, Gregory and Asabke went close and signalled him to roll down the glass.
“Mahama identified the suspects to be party members and rolled down the glass to talk to them. Suddenly, the suspects poured the substance, suspected to be acid, on his head, face and other parts of his body and fled on a motorbike.
“Mahama started screaming for help and his wife, Hajia Zenabu Adams, went to his aid and managed to bring him out of the vehicle,” the prosecution said.