Judge Sai explains why A-G is responsible for the legal difficulties of Afoko



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General News on Wednesday, July 17, 2019

Source: Myjoyonline.com

2019-07-17

Gloria Akufo1 Attorney General, Gloria Akufo

Judge Srem Sai, Lecturer in Law at the Institute of Management and Public Administration of Ghana (GIMPA), blamed the prosecutor general for the largely condemned treatment of Gregory Afoko.

Gregory Afoko is one of the main suspects in the badbadination of the incumbent president, Adams Mahama, of the New Patriotic Party (NPP) in power in 2015. Mr. Mahama was attacked outside his home in Bolgatanga.

Although Mr. Afoko was released on bail by a high court in March of this year and fulfilled his bail conditions, he was still in custody.

But on July 15, 2019, the Afoko trial took a dramatic turn. Another High Court, judged by many to be a political decision, overturned bail. The sudden turn of events was described as unprecedented and a likely violation of the legal process.

Some legal commentators believe that a High Court does not have such power to overturn the decision of another High Court but of a superior court – that is, say a court of appeal or the Supreme Court.

The Super Morning Show, Joy FM's flagship magazine, has been suspected by many people who suspect that the decision to deny Gregory Afoko's bail is tainted by "perverts".

Amnesty International, OccupyGhana and many other civil society groups have condemned what has been described in many ways as an affront to the rule of law and a violation of Mr. Afoko's human rights.

Do not blame the police

Before the bail of Afoko was rescinded, many blamed the police for overturning the directive of a competent court, resulting in a contempt trial against the Inspector General of Japan. the police, David Asante-Apeatu, director general of the Criminal Investigations Department (CID). Maame Yaa Tiwaa Addo-Danquah, by an individual. This case is still pending.

However, Tuesday on PM Express, a news broadcast on Joy News channel on MultiTV, Judge Sai, respected for her argumentative view on legal issues, said that the AG office, not the police, was the most culpable of the legal acts of Afoko. challenges.

"The police are only agents of the Attorney General. Therefore, unless it is proven that the Attorney General ordered the police to do X and that she refused … I would not think in any way that the police went to great lengths. to disrespect the court.

"And what's even strange in all this is that this case has taken on an international dimension. In a country where the rule of law is at least respected, we expect the attorney general to provide explanations to the public … the silence of his office on this particular issue is what is amazing, "Sai said. via a video call in the nightly news program.

Why A-G is the most guilty

Providing more details on why he has Secretary-General Gloria Akuffo and his office in charge of the file that continues to figure prominently in the national speech, Mr. Sai made the following remarks about PM Express.

"The power of the Attorney General is what the police do in all these areas. The Attorney General therefore determines who goes to court for which offense. In fact, in many cases the Attorney General advises the police to decide what to do.

"I believe that even in the midst of these difficulties – if the person is to be brought to court for bail to be enforced – I firmly believe that the Attorney General has all the right things to instruct the police to produce the person in court.

"You see that the Attorney General is the layer between the courts and all other branches of government, including the police. The Attorney General is also the legal counsel of the entire government, and the decision to prosecute, decide whether to abandon the case or how to resume it, lies exclusively with the Attorney General.

"And in practical terms of this case, it is the Attorney General who went to court, it is the Attorney General whose detention application was denied and the bail granted," 39, is the Attorney General who appealed the decision [to grant Afoko bail]it was the Attorney General who requested the suspension of the execution, it is the same Attorney General who also sued. [on Monday] and submitted certain facts to the court, so I do not doubt that all the challenges we face today are exclusively – and I stress only – the constitution of the Attorney General. "

A-G must be sensitive

The speaker at the GIMPA Act urged the secretary to react and talk to the public about this.

He added that, if Mr. Afoko's treatment was justified in law, he would still belong to the AG's office to talk to the public as he did for other relevant issues of the day. National interest.

A-G has nothing to say

A key member of Mr. Afoko's legal team, Nana Yaw Osei, who also took part in the discussion on PM Express, said that it was unfortunate that the police, the office of the l AG and other relevant public institutions have refused to address the concerns of many people. the question.

He was, however, of the opinion that their silence was proof that his client was legally abused.

"A-G's office does not react to problems because, really, what are they saying?", He questioned.

Amnesty International country director Robert Akoto Amoafo said the Afoko case was a clbadic indication that the rule of law in Ghana was under threat.

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