Gregory Afoko committed to stand trial at High Court

Reading his judgement, the presiding magistrate, Mr Koku Worlanyo, said based on the evidence presented by the prosecution, there was a “compelling case for the accused to answer at the High Court”.

Dismissals

The court also dismissed an application by the defence to refer the case to the Supreme Court for an interpretation of Article 19 of the 1992 Constitution, specifically Clause 2(e) of the article, which states that a person charged with a criminal offence “shall be given adequate time and facilities for the preparation of his defence”.

According to Mr Worlanyo, the defence should make the application at the High Court “because the court has no jurisdiction over such matters”.

At the beginning of the committal proceedings last Thursday, lead counsel for Afoko, Mr Ekow Ampah-Korsah, had argued that the said article applied to committal proceedings and thus per his understanding of the article, “adequate facilities” meant that the prosecution ought to furnish the defence with everything that the former requested.

According to him, the prosecution had rejected the defence’s request for all the statements and evidence that the police had gathered in the course of their investigations.

The court further dismissed a bail application by the defence counsel for the accused.

The defence prayed the court to grant the bail application so that it could have better access to the client during the trial.

Ruling on the bail application, Mr Worlanyo stated that the court had no jurisdiction in granting a bail application.

“The rules are clear — I don’t have the jurisdiction to grant bail,” he said.

Charge

Afoko and Asabke Alangdi have been charged with two counts of conspiracy to commit crime and murder.

A third accomplice, Musa Issa, was granted bail after the Attorney-General had advised that there was not enough evidence to charge him.

Facts

According to the facts of the case, on May 14, 2015, Gregory’s brother, Mr Paul Afoko, and Mr Kwabena Agyepong, the National Chairman and the General Secretary of the New Patriotic Party (NPP), respectively, arrived in Bolgatanga for a meeting.

“The deceased organised some thugs to violently attack them for campaigning against the flag bearer, Nana Addo Dankwa Akufo-Addo, and also not notifying him, scuttling the planned meeting at the Azumsolon Guest House. The situation was later brought under control by the police,” the prosecution said.

According to the prosecution, an upset Gregory confronted Mahama but was chased out by thugs.

Another group

The facts also noted that Gregory and Asabke formed another youth group in their bid to protect persons perceived to be against Nana Akufo-Addo.

It said the accused persons held a series of meetings with the youth and on May 20, 2015, they laid ambush at Mahama’s residence with a substance suspected to be acid.

“The deceased returned home around 11:10 p.m. in his pickup vehicle, with registration number NR 761 – 14, and immediately he parked the vehicle in front of his house, the suspects went close and signalled him to roll down the glass. The deceased identified the suspects to be party members and rolled down the glass to talk to them. Suddenly, the suspects poured the substance suspected to be acid on his head, face and other parts of his body and fled on a motorbike.

“The deceased started screaming for help and his wife, Hajia Zenabu Adams, came to the aid of the deceased and managed to bring him out of the vehicle,” the prosecution stated.

Injuries

According to the prosecution, Mahama’s wife sustained burns on the right side of her chest and breast while assisting her husband. When she enquired about what had happened to him, he told her Gregory and Asabke had attacked him.

Mahama died while being airlifted to Accra for treatment.

Gregory, who was later picked up, led the police to Asabke’s father’s house.

The police later located Asabke’s house but he had then absconded with his wife, abandoning their baby in the process.

A post-mortem report on Mahama said he died of shocked lungs and extensive acid burns.