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Gregory Afoko, one of the murder suspects of Alhaji Adams Mahama, regional president of the New Patriotic Party (NPP), in 2015, challenged the Attorney General (AG) for ending his lawsuit before the High Court.
In his writ invoking the original jurisdiction of the Supreme Court, Afoko claims that the nolle prosequi filed by the GA on January 28, 2019 is a violation of Articles 23 and 296 of the 1992 Constitution and, therefore, "unconstitutional, void and empty.
Article 23 obliges the administrative bodies to "act fairly, reasonably and in accordance with the obligation imposed on them by law", while Article 296 stipulates that persons or bodies invested with A discretionary power must not exercise that discretion arbitrarily or capriciously.
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Afoko is also seeking an order quashing the nolle prosequi and that "the High Court continues to hear the case until the end".
Recall
Alhaji Mahama was seriously injured bodily after an allegedly acidic substance was allegedly poured in front of his home in Bolgatanga on May 20, 2015. He died as a result of his injuries at the Bolgatanga General Hospital.
The Afoko trial began in 2016 and was about to end after the prosecution and defense closed their cases.
On January 26, 2019, Afoko filed his case after the testimony of his brother, John Ishmael Afoko.
The prosecution, headed by a prosecutor general, Matthew Amponsah, had summoned 14 people as prosecution witnesses.
Subsequently, the presiding judge, Judge Lawrence Mensah, ordered both parties to file their written addresses.
Nose prosequi
However, on January 28, 2019, the AG filed a motion to quash the trial following the arrest of the other suspect, Asabke Alangdi, on the run since the incident occurred. 2015.
Afoko and Alangdi were later brought before the Central District Court of Accra on the provisional charge of conspiracy to commit murder and murder for murder, which is a prelude to the trial in the United States. High Court.
In his order to the Supreme Court, Afoko also seeks an order putting an end to the case in the District Court.
Make an application
At the hearing held yesterday in the Central District Court of Accra, Afoko's lawyer, Ms. Benedicta Ansah, urged the court to stay the proceedings pending the final decision of the court. brief filed in the Supreme Court.
In response, a prosecutor, Ms. Lily Atutigah, informed the court that Afoko's lawyer had written to the clerk of the court about the Supreme Court case, instead of filing an application. formal termination of proceedings.
argued that the proceedings could not be interrupted by a simple letter to the Clerk of the District Court.
The presiding magistrate, Mrs. Efua Sackey, agreed with the public prosecutor and ordered Afoko's lawyers to file a formal request and to serve as the deputy representative.
The hearing is continuing on February 27, 2019.
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