The lawyer for Gregory Afoko has proceeded to the Human Rights Court to battle for bail for his client after a magistrates’ Court in Accra declined to grant him bail.
However, the court could not hear the case because there was no representation from the Attorney General’s Department.
Gregory Afoko and his accomplice Issah Musah are alleged to have poured acid on the late Upper East Regional NPP Chairman Mr Adams Mahama.
When the case was called, Deputy Superintendent of Police (DSP) Aidan Dery told the court that the prosecution division of the Criminal Investigations Department (CID) headquarters was served with the motion only yesterday evening.
According to DSP Dery, the Police was therefore not served early.
He said the substantive prosecutor Chief Superintendent of Police Mr Francis Baah had to go to the Director of Public Prosecution (DPP) with the motion.
Mr Ekow Ampah Korsah, lead counsel, told the court, presided over by Mr Justice Kofi Essel Mensah that his client could not be held responsible if the Police was not served early.
According to Mr Korsah his search indicated that the Attorney General was served on Tuesday July 21, 2015.
The trial judge lamented over the difficulties the court was encountering following the strike action embarked on by the State Attorneys.
The court said enforcement of right was urgent and immediate, adding that, if the offence was bailable it would not have waited for the AG.
It was, therefore, giving them some time to respond to the motion and adjourned the matter to July 29.
On July 10 this year, a Magistrate Court in Accra admitted Musah Issah, who is accused of abetting with Gregory Afoko in the murder of Alhaji Adam Mahama, the New Patriotic Party’s (NPP) Upper East Regional Chairman to bail.
The Magistrates’ 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 concluded.
The Court noted that under Section 96 (7) of the Criminal Code, the Court could grant bail as the accused person was charged with abetment of crime.
It, however, declined bail in respect of Gregory Afoko, saying the Court did not have the jurisdiction to do so and advised counsel to go to the High Court.
This was after the two accused persons’ lawyers had repeated bail application protesting their continuous detention in custody.
Afoko has been charged with murder while Issah is being held for abetment of crime. Their pleas have not been taken.
Meanwhile family members of the late Upper East Regional Chairman of the New Patriotic Party (NPP), Adams Mahama, have registered their displeasure over the granting of bail to Musah.
The family through their lawyers has therefore filed a motion at the High Court to quash the decision by an Accra Magistrates’ Court to grant bail to Issah Musah, one of the two persons standing trial over the murder of Adams Mahama.
According to the family, the Magistrate court had no jurisdiction to grant Musah bail hence its decision should be quashed.
Mr Mahama was attacked with acid on his way home and later died in the hospital in May.
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 the father’s house.”
The Police said they later located the house of the second person but the suspect had gotten wind of their presence and 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 the deceased and the Pathologist gave the cause of the death as shocked lungs and extensive acid burns.”
Musah Issah was arrested for allegedly buying the acid used for the attack.
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