The High Court in Accra has ordered the former National Chairman of the National Democratic Congress (NDC), Samuel Ofosu Ampofo to file his witness Statement in a case in which he is facing criminal charges by February 27, 2023.
Ofosu-Ampofo, and a former Deputy Communications Officer, Anthony Kwaku Boahen were on January 26 ordered to open their defence to charges after the court had dismissed their submission of no case to answer.
The two were charged in 2019 for the offense of conspiracy to cause harm following a leaked audio tape in which they were alleged to have plotted to harm the Chairperson of the Electoral Commission and the Peace Council Chairman.
Both are also separately facing a charge of assault on a public officer and have both pleaded not guilty and have been granted bail.
In court on Monday, February 6, the former Communications Officer through his lawyer Dr Abdul Aziz Bamba, told the court presided over Justice Samuel Asiedu, now a Justice of the Supreme Court sitting as an additional High Court judge that his client has filed a notice of appeal at the court of appeal to challenge the judge’s dismissal of his submission of no case to answer.
Notice of Appeal
Per his grounds of appeal, he said the learned judge erred in law by failing to render a reasoned ruling on his application of no case to answer. He added that, the court was duty-bound to analyse and evaluate the evidence adduced by the prosecution and to demonstrate in a clear or verified manner whether or not the Prosecution had established a prima facie case but the court did not do so.
The applicant is therefore seeking an order of the Court of Appeal, reversing the decision of the learned High Court Judge and a further upholding his application of no case to answer. The case has been adjourned to March 13.
Kwaku Boahen also said the court was duty-bound to consider the case, the evidence adduced, legal authorities and his legal submissions but the court failed. These he said occasioned him a miscarriage of justice.
He contended that the ruling of the court on January 26 was not reasonable for the judge to have made and that the learned judge was wrong to refuse the application of no case to answer as the evidence stood at the conclusion of the case of Prosecution.
The applicant is therefore seeking an order of the Court of Appeal, reversing the decision of the learned High Court Judge and further upholding his application of no case to answer.
Prima facie case
In the course of the trial, the Prosecution called three witnesses to give evidence towards the proof of their various charges. But, after the closure of the prosecution’s case, the accused persons through their lawyers each filed a submission of no case to answer on November 24, last year.
They contend that the prosecution witnesses were unable to prove the charges against them so the court should acquit and discharge them.
Ruling on the submission of no case on Thursday, January 26, Justice Samuel Asiedu, now a Justice of the Supreme Court sitting as an additional High Court judge said a prima facie case has been established against them by the prosecution.
According to the judge, there is evidence on the records in respect of the charges brought up against them and the court is satisfied that given the evidence before it, it is fit and proper that the accused persons are called upon to open their defence.
Source: Ghana/Starrfm.com.gh/Murtala Inusah
