The State has vehemently opposed the granting of bail to Gregory Afoko one of the suspects alleged to have poured acid on the late Upper East Regional Chairman of the New Patriotic Party (NPP) Mr Adams Mahama.
According to the State, the offence of murder is one of the offences that bail is not granted, and that, the Police were feverishly working overtime and engaged all machinery to ensure that investigations were concluded.
The State in their affidavit in opposition filed at the Human Rights Court, noted that, there had not been unreasonable delay in the trial and that Afoko was likely to hamper on-going investigations.
It further stated that, as soon as investigations were concluded, Afoko and his accomplice Musah Issah would be indicted and committed to stand trial before a court of competent jurisdiction.
At the Human Rights Court on Wednesday, lawyer for Afoko, Mr Ekow Ampah Korsah said he received a copy of a 28 paragraphed affidavit in opposition filed this morning in court.
“In the light of that, we have agreed to come back on Friday,” counsel prayed.
Mr Mathew Amponsah, Chief State Attorney, who represented the State, apologized to the court for filing his response late.
According to him, the Attorney General’s Department was served with the applicant’s motion three days ago and the state responded yesterday.
He said the State went ahead to file the affidavit in opposition yesterday.
The trial judge, Mr Justice Kofi Essel Mensah urged the State to take a second look at the way court processes were filed at the AG’s Department.
He therefore adjourned the matter to August 6.
Afoko had gone to the Human Rights Court to battle for bail after a magistrates’ Court in Accra declined to grant him bail over a charge of murder.
Issah, Afoko’s accomplice, is being held for abetment of crime. Afoko and Issah’s pleas have not been taken.
Afoko in his application for bail stated among others that, “the facts as presented by prosecution do not bring the applicant ambit of the offence of murder or conspiracy to commit murder.”
He contended that on May 21, this year, he was arrested whiles he was asleep at about 0300 hours in his house in Bolgatanga and the Police seem to tie him with this callous act.
Afoko averred that he was not present at the scene where the crime took place.
“That my lawyers have filed a notice of Alibi indicating that I was at my father’s residence in Bolgatanga and was I was asleep at that material time when the deceased was attacked.
According to Afoko, the assertion that the deceased mentioned his name could not be true, adding that, “it was a case of mistaken identity.”
He also argued that, the forensic test on a cup and gallon allegedly found at the scene of the crime and alleged to have contained the acid did not establish any connection with him.
He stated that the test was negative.
On July 10 this year, a Magistrates’ Court in Accra admitted Musah Issah, who is accused of abetting with Gregory Afoko in the murder of Alhaji Adam Mahama, the New Patriotic Party’s (NPP) Upper East Regional Chairman to bail.
The Magistrates’ Court presided over by Mr Worlanyo Kotoku admitted Issah to bail in the sum of GH¢20,000.00 with four sureties.
He is to report to the Criminal Investigation Department of the Ghana Police Service before noon from Monday to Thursday until the case is concluded.
The Court noted that, under Section 96 (7) of the Criminal Code, the Court could grant bail as the accused person was charged with abetment of crime.
It, however, declined bail in respect of Gregory Afoko, saying the Court did not have the jurisdiction to do so and advised counsel to go to the High Court.
This was after the two accused persons’ lawyers had repeated bail application protesting their continuous detention in custody.
Meanwhile family members of the late Upper East Regional Chairman of the New Patriotic Party (NPP), Adams Mahama, have registered their displeasure over the granting of bail to Musah.
The family, through their lawyers, has therefore filed a motion at the High Court to quash the decision by an Accra Magistrates’ Court to grant bail to Issah Musah, one of the two persons standing trial over the murder of Adams Mahama.
According to the family, the Magistrate court had no jurisdiction to grant Musah bail hence its decision should be quashed.
Mr Mahama was attacked with acid on his way home and later died in the hospital in May.
He reportedly named some of the persons who attacked him.
According to the Police, Afoko after his arrest, was asked to lead the Police to the house of his accomplice, Asabke Alangdi but “he rather took them to the father’s house.”
The Police said they later located the house of the second person but the suspect had gotten wind of their presence and absconded with his wife, leaving behind their baby.
A gallon, which allegedly contained some of the substance, and a plastic cup, were retrieved from the scene for forensic examination,” the Police stated.
The Police said: a “post mortem examination was conducted on the body of the deceased and the Pathologist gave the cause of the death as shocked lungs and extensive acid burns.”
Musah Issah was arrested for allegedly buying the acid used for the attack.