The Accra High Court presided over by Justice Samuel K. Asiedu on Friday dismissed an application to strike-out the assault case against Mr Samuel Ofosu Ampofo, the Chairman of the National Democratic Congress (NDC).
His lawyers, led by Mr Tony Lithur at last adjourned date applied to the court to strike out the charges of assault on public officers; Electoral Commissioner and the Chairman of the Peace Council filed against Ofosu-Ampofo.
Meanwhile, the alibi explanation made by the other accused person Kwaku Boahen who is the Deputy Communications Director of the NDC by his counsel Dr Abdul Basit was also dismissed.
Kwaku Boahen through his counsel had given out names and contacts of persons to the prosecution to enable it to do further investigations to support his case of alibi well as indicate the time the incident occurred but the Court rejected this, adding that prosecution was not obliged under the law to do that.
Justice Asiedu, however ordered the Attorney General to provide the extracts in the case within seven days.
The two are to reappear in court on July 8, 9, 11, 15, 16, 22 and 23 for trial to commence.
Prosecution told the Court that in January this year, a by-election was conducted at the Ayawaso West Wuogon Constituency as a result of the demise of its Member of Parliament.
The Prosecution said there were disturbances in the course of the elections and on February 3, Mr Ofosu-Ampofo met the Party’s Communication Directors at its Headquarters located at Adabraka, a suburb of Accra.
The prosecution said an audio recording which came out of the meeting and was circulated by a cross-section of the media contained a set-up of a road-map of criminal activities targeted at the Chairperson of the Electoral Commission (EC) and the Chairman of the National Peace Council among others.
Prosecution said the tape was intercepted by the Criminal Investigation Department of the Police Service.
The Prosecution said in the audio Mr Ofosu-Ampofo was heard inciting the communicators of the Party to molest both the EC and Peace Council Chairpersons and scheming on how to brutalised their opponents and creating a general sense of insecurity in the country.
The AG said that the orchestrated electoral violence plot was going to be blamed on the New Patriotic Party which is the ruling Party.
The Prosecution said, Mr Boahen also confirmed being at the meeting as well as confessed that the content of the tape was true on a popular radio station.