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– The latest development of the current trial against Gregory Afoko has been described by some as a mockery of Ghana's judicial system.
– Judge Merley Afua Wood's decision is a serious misjudgment, constitutional lawyer says
– The state has argued that if the accused's bail is upheld, it is likely that he will not be available for trial
It is fair to say that the most popular topic in Ghana in recent days has been the reversal of the bail given to Gregory Afoko.
Afoko is currently the subject of a lawsuit as one of the suspects in the badbadination of the former regional president of the New Patriotic Party, Upper East East District, Adams Mahama .
In March, the High Court of Accra awarded the suspect a bond of 500,000 GHc.
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His bail was granted with two sureties, one of which was that he had to report to the Criminal Investigation Department (CID) of the Ghana Police Service every two weeks.
However, the state consistently refused bail, keeping the suspect in detention for four months, against the court order.
During this period, the state asked the High Court to rescind the bail granted to Afoko, but this decision was upheld.
The Attorney General has lodged another appeal with the Court of Appeal to rescind the bail, but no decision has yet been rendered on this matter.
However, on Monday, July 15, Merley Afua Wood, a judge of the Supreme Court of Accra, rescinded Afoko's bail.
This took place after the state had submitted an oral petition to the court, arguing that the suspect would probably not be available for trial when he would be released on bail.
However, the problem with this is that, it is not meant to be possible for a High Court to overturn a decision made by another High Court.
Ideally, the decision to overturn Afoko's bail should have been entrusted to a court of appeal. It should have been the right way to go.
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On the other hand, the state did not behave well by refusing the provisional release of the suspect while the court had ordered it.
Keeping a suspect in detention for four months, once he has been released on bail, constitutes an abuse of his rights.
At the same time, after canceling Afoko's bail, Judge Merley Wood adjourned the case to Wednesday, July 17, 2019 so that the trial could begin.
This issue has provoked many public protests, some condemning the decision of the judiciary.
For example, a Ghanaian professor based in the United States, Professor Stephen Kwaku Asare, described Judge Merley Afua Wood, a judge in the High Court of Accra, as very incompetent for overturning an earlier decision made by another High Court Judge, George Buadi, to grant bail to Gregory Afoko.
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Source: Yen.com.gh
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