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In his decision, Judge Samuel Asiedu stated that the application was unfounded, as it invited the court to evaluate the case even before state prosecutors could call their witnesses. The NDC's national president, Samuel Ofosu Ampofo, and Mr. Boahen are currently being tried for the leak of public prosecutors. The NDC chief allegedly conspired to commit various crimes.
Dr. Aziz Bamba, lead counsel for Kwaku Boahen, argued that the documents filed by the Prosecutor did not satisfy the necessary evidence to support a charge of conspiracy to cause harm. Attorney General Asiamah Sampong however objected to the petition, saying it was premature to do so since the prosecutors had the intention to prove, during the trial, the case file with credible evidence .
He added that the court had already pronounced on a similar request presented by the NDC president's lawyers. Judge Asiedu rejected the request, ordering prosecutors to call their first witness to testify.
Mr Ampofo's lead counsel, Tony Lithur, also informed the court that a request for a stay of proceedings had been filed.
Judge Asiedu said that he was not aware of the request and asked that the case continue. Attorney General Asiamah Sampong, however, informed the court that the first state witness was not available.
The case was postponed until July 23, 2019.
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