Court of Appeal rejects Afoko’s appeal against bail revocation

A three-member panel of the Court of Appeal has dismissed an application from Gregory Afoko who was challenging the revocation of bail granted him by a High Court judge.

The panel presided over by Justice Barbara Ackah-Yensu with support from Justice George Koomson and Justice Eric Kyei-Baffour ruled that the applicant was unable to convince the court to overturn the court’s decision.

Afoko, one of two persons standing trial for the murder of the former Upper East Regional Chairman of the New Patriotic Party (NPP) in 2015, is challenging the decision of the Accra High Court to revoke his bail.

Afoko who is in lawful custody was not present in court but his lawyer Steven Sowah Charwey was present. While the state was represented by Seth Awere, a Principal State Attorney.

At the Court of Appeal, the lawyers are appealing against the revocation of the bail, by the High Court judge presided over by Justice Merley Afua Wood after another High Court judge Justice George Buadi had granted him bail.

EIB Network’s Court Correspondent Murtala Inusah reports that Prosecution has so far called five Witnesses in the ongoing trial before the High Court.

Bail granted:

On March 14, 2019, the Accra High Court, presided over by Justice George Buadi, admitted Afoko to bail in the sum of GH¢500,000 with two sureties, one of whom must be justified.

This was after his lawyers had prayed the court to grant them bail because the state was not ready to prosecute the case at the time.

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

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

After the arrest of Alangdi, the state started another committal proceedings against the two accused at the District Court, leading to their arraignment at the High Court, presided over by Justice Wood for a new trial.

Bail rescinded

On July 25 last year, Justice Wood, a justice of the Court of Appeal, sitting as an additional High Court judge, rescinded the bail granted to Afoko.

The court rescinded the bail after upholding the arguments by the prosecutor, Ms Marina Appiah Opare, a Chief State Attorney, that the circumstances under which Afoko was granted bail had changed.

Ms. Opare argued that the other High Court granted Afoko bail on the basis that the state was not certain as to when to start prosecution, but that the AG had finished the committal proceedings in record time, leading to a fresh trial.

Background:

Alhaji Mahama 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.