Family members of the late Upper East Regional Chairman of the New Patriotic Party (NPP), Adams Mahama, appear to be angry with the manner in which suspects arrested in connection with his murder are being tried, especially the granting of bail to one of them.
Lawyers for the family therefore filed a motion at the High Court to quash the decision by an Accra Magistrate Court to grant bail to Issah Musah, one of the two persons standing trial over the murder of Adams Mahama.
According to the motion, the Magistrate Court lacked jurisdiction to admit the accused person to bail.
In an 11-paragraph affidavit in support of the motion filed by lawyers of Yusif Mahama, brother of the deceased, they stated that the court had no jurisdiction to try a case of abetment of murder preferred against Musah.
It may be recalled that the Magistrate Court presided over by Worlanyo Kotoku, on Friday, admitted Musah to bail in the sum of GH¢20,000 with four sureties and refused to grant bail to Gregory Afoko, who is also being tried for conspiracy and murder.
As part of the bail conditions, Musah is to report to the police CID from Monday to Thursday every week until the case before the court is disposed of.
The grant of bail by the court was preceded by several botched attempts by Alfred Adjei Mensah, counsel for Musah, to secure bail for his client.
The 50-year-old Gregory, a farmer, and Musah are before the court for intentionally and unlawfully causing the death of Adams on May 20, 2015 at Bolgatanga in the Upper East Region by spraying acid on him. Adams was said to have mentioned Afoko and Asabke Alangdi, who is on the run, as the persons who poured the acid on him.
According to the police, Musah, who is a member of the NPP, on the 19th of May 2015, solicited and procured the deadly acid, which he gave to the other two suspects who in turn poured the acid on Adams when he was entering his house.
He was rushed to the Bolgatanga Regional Hospital where he gave up the ghost.
Asabke Alangdi, the third accused person, has been on the run, together with his wife, leaving behind their one-and-half-year-old baby.
Lawyers for Adams Mahama’s family proceeded to the High Court to challenge the decision of the magistrate to grant bail to Musah.
They stated ‘…the relief sought in this application is for an order of judicial review in the nature of certiorari to bring the ruling of the District Magistrate Court 1, Accra Central, for the purpose of quashing same.’
According to the police charge sheet, Gregory Afoko, after his arrest, was asked to lead the police to the house of his accomplice, Asabke Alangdi, but ‘he rather took them to the father’s house. Police later located the house of the second accused but the suspect had got wind of their presence and absconded with his wife leaving behind their baby.
‘A gallon, which contains some of the substance and a plastic cup, were retrieved at the scene for forensic examination,’ the charge sheet added.
The police revealed that a ‘post mortem examination was conducted on the body of the deceased and the Pathologist gave the cause of the death as shock lungs and extensive acid burns.’
By Jeffrey De-Graft Johnson
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