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The Chief Justice, Mrs Justice Georgina Theodora Wood, has dismissed a petition calling for the judge trying the case involving Gregory Afoko, the man indicted for the murder of the Upper East Regional Chairman of the New Patriotic Party (NPP), to recuse himself from the case.

The family of Adams Mahama on April 19, 2016 petitioned the Chief Justice to look into certain decisions taken by the court and order the trial judge, Mr Justice Lawrence L. Mensah, to extricate himself from the case.
Among other things, the family had issues with the decision of the court to remand the accused in police custody instead of prison custody. 

According to the petition, the family was also against the conditions set by the court, which included the fact that the A-G must, at all times of the court sitting, keep to its time and also produce all its witnesses.

Dismissed

The Chief Justice in a letter, whose content was made known by Mr Justice Mensah in court yesterday, said the petition was not one that could warrant the trial judge to recuse himself.

She, however, told the judge to address the concerns of the petitioners.

 Prison custody

At yesterday’s sitting, the court also granted a prayer from the prosecution for Afoko to be transferred from police custody to prison custody.

The prosecutor, Chief State Attorney, Mr Matthew Amponsah, informed the court that the police had made an appeal that the cell where Afoko was being kept was getting full and, therefore, there was the need for him to be remanded in prison custody.

That attracted a strong objection from Afoko’s legal team.

According to his lead counsel, Mr Ekow Ampah-Korsah, the police custody had enhanced the trial proceedings.

“Because of his present location, the accused person always arrives about an hour before his case is called. We are all based in Accra and his custody is convenient for every party in the case,’’ he said.

He also argued that the prosecution should have made a formal application so that the defence could respond appropriately.

“They are asking the court to vacate an earlier order for the accused to be remanded in police custody. They must, therefore, do it properly,’’ he asserted.

The court, in its ruling, however, dismissed the argument of Afoko’s legal team, adding “you will not be the first lawyer to visit your client outside Accra.’’

Motion

In what might be described as victory for Afoko’s legal team, the court also granted a motion for the prosecution to provide the defence with the full statements of the witnesses in the case and pictures of the crime scene.

According to Mr Ampah-Korsah, the documents were necessary for the accused to put up a better defence.

He stated that all attempts by the defence to get the documents from the police and the Attorney-General had proved futile.

“The state will not comply with such a statutory provision unless compelled by court,’’ he added.

The prosecution in reply, opposed the motion, stating that they had furnished the defence with all the necessary documents such as the bill of indictment, the summary of evidence and the entire relevant documents required by law.

The prosecutor argued that the defence was requesting for the entire police docket in the case.

“If their application is granted, it will set a bad precedent in our criminal practice,’’ it argued.

Ruling

The court in its ruling, however, said the defence had the legal backing to demand for the documents.

“The application is in order and it will not in any way set a bad precedent,” the court held.

The case was adjourned to May 31, 2016 for the actual commencement of the trial.

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 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.