A Deputy Attorney General and Minister for Justice Diana Asonaba Dapaah has told the Supreme Court that the AG’s office “may not opposed to a bail application” for Oliver Barker Vormawor.
According to her, per Martin Kpebu vs AG ruling, every case in the country is bailable subject to the discretion of the judge.
While responding to a question from a member of the bench Justice Yonni Kolendi on what the AG’s position to bail will be, she said, “We may not be opposed to the grant of bail at the High Court.”
She said, there will not be reasons to oppose bail if it is made in the rightful forum.
Lawyers of the Fixthecountry Convener who is on a provisional charge of Treason Felony had invoked the Supreme Court’s Supervisory jurisdiction over the Tema High Court ‘B’ dismissal of their Habeas corpus application.
The High Court in Tema held on February 17, that, there was no point in bringing the accused to the court for bail because the Ashaiman District Court had already taken a decision to remand him.
They are however at the apex court asking for that ruling of the High Court to be quashed on grounds that, the District Court assumed wrongful jurisdiction.
The lawyers are also seeking for a proper interpretation from the apex Court on the police sending the accused to a court that has no jurisdiction to grant him bail.
The application has the Inspector General of Police and the Attorney General as the respondents.
In court on Wednesday, a five member panel of the Supreme Court wondered why the application was being bounded around.
The apex Court held that, the nature of the application does not invoke the original jurisdiction and cannot also make any decision on the Habeas.
The court said, the applicant cannot in one application invoke its Supervisory jurisdiction to quash the dismissal of the Habeas Corpus and in another moment invoke its original jurisdiction for interpretation.
Upon further advice from the panel and subsequent hint from the AG that, it may not oppose bail, Justice Dr Srem Sai withdrew the application.
The panel presided over by Justice Jones Dotse with support from Justice Nene Amegatcher, Justice Prof Nii Ashie Kotey, Justice Gertrude Torkornor and Justice Emmanuel Yonni Kolendi struck the case out as withdrawn.
Oliver Barker Vormawor was on February 28 sacked from proceedings while making his second appearance at the Ashaiman District Court.
This was after he stirred controversy to exchange words with the sitting judge including describing it as a “Kangaroo Court.”
He is expected to reappear before the District Court at Ashaiman on March 15, 2022.
Source: Ghana/Starrfm.com.gh/Murtala Inusah
