The High Court in Accra has declined a bail request from Benlord Ababio, aka Nana Barima Ababio, a self-acclaimed traditional ruler who allegedly shot and killed a soldier at Millennium City, Kasoa, in the Central Region.
Described by the prosecution as a “very notorious land guard in Kasoa” and its environs, the Court said the application cannot be granted.
Moving the application for bail pending trial, Counsel for the accused submitted that, the refusal of bail bothers heavily on the fundamental human rights of the accused person making reference to constitutional provisions.
While acknowledging that bail is at the discretion of the court, Counsel said, “We submit that in exercising this discretion, the court will take into account the fundamental human right of every accused person, no matter the perceived gravity of the offense that the accused person is charged with.”
“It is our case that presumption of innocence still operates in his favour and the grant of bail is the most appropriate measure of respecting and upholding that right,” Counsel for the Accused stated.
Counsel further submitted that, “we have been served with quite a number of witness statements which allege a number of facts against the accused person.
“It is our case that in keeping the right of an accused to fair trial, an adequate defence is in the interest of fair trial.
“It is our case that the accused person is not a flight risk. We will also concede any conditions that the court seems necessary to ensure his attendance to court.
“Under the circumstances we pray that the accused person be admitted to bail. If bail is granted m, the accused person will avail himself to stand trial,” Counsel submitted.
Very notorious Land-guards
Frederick Adu-Gyamfi, a State Attorney while opposing to the bail application said the applicant is a “very notorious land guard in Kasoa and its environs.”
“The accused person is very notorious land guard in Kasoa and its environs. He is known as a very aggressive individual,” the Senior State Attorney stated.
He said, “We believe that per his (accused) nature, when given the least opportunity he will not be able to resist but commit another offence.
“That he committed this heinous crime while he was on bail for another offense,” the State Attorney indicated while drawing the court’s attention to the Charge Sheet and brief fact which give details of the offence he had committed to show that indeed the applicant whiles he was on bail for another similar violent offence committed this crime.
“In the supplementary affidavit,” he said the applicant does not deny the fact that he committed the offense while he was on bail for another offense.
On the strength of these submissions, it is my humble prayer that the application for bail pending trial be refused.
Justice Kizita Naa Koowa Quarshie after listening to the parties refused the application.
The Court subsequently directed that, the accused remain in prison custody wile the case was adjourned to February
Background
BenLord Ababio together with with Nana Amo Sekyere, have pleaded not guilty to the charge of conspiracy to commit murder and Benlord alone pleaded not guilty to a substantive charge of murder.
Ababio allegedly shot the late soldier who had gone to the Millennium City Police Station to report an incident of trespassing on a half plot of land which is a subject of litigation.
Sekyere was granted bail and it was later revised to GH₵1 million with two sureties.
The sureties are to present documents of a landed property worth the bail sum or more and the Registrar of the court is to ensure the documents have been endorsed by the Lands Commission.
Benlord was remanded into prison custody and the prison officers were ordered to make sure to he receives adequate medical attention if there is indeed a need for that.
The prosecution was ordered to file its disclosures before the next court date on October 30, 2024.
Brief Facts
The prosecution’s brief fact indicates that the deceased, Lance Corporal Michael Danso, was a military officer stationed at the Army Base Workshop at Burma Camp.
It states that on April 30, 2024, at about 4pm, the deceased together with his two colleagues – Lance Corporal Abdul Omar Rahman and Lance Corporal Ametus Matthew went to Millennium City Police Station on board a Toyota RAV4 with registration number 3591-24 to report a case of trespass.
It said this was upon information that some encroachers were developing a parcel of land belonging to Lance Corporal Abdul Omar Rahman.
The fact said the accused appeared at the police station, attacked, and opened fire severally on Lance Corporal Michael Danso, who was in charge of the steering wheel of the Toyota RAV 4×4 vehicle, killing him instantly.
It added that the accused was immediately disarmed and arrested, and was subsequently arraigned for the court to remand him pending further investigations.
