The Supreme Court has dismissed a case filed by Gregory Afoko challenging the decision of the Attorney-General (A-G) to discontinue his trial over allegations of killing a former Upper East Regional Chairman of the New Patriotic Party (NPP), Alhaji Adams Mahama.
In a unanimous decision Wednesday morning, a seven-member panel of the court held that Afoko failed to prove that the nolle prosequi filed by the A-G to discontinue the trial was unfair, arbitrary or capricious.
Contempt application
Meanwhile, the Accra High Court hearing a contempt application filed by Afoko has ordered the IGP and the Director-General of the Criminal Investigations Department to be present in court on July 3, 2019, when it delivers its ruling on the application.
The court presided over by Justice Jennifer Duodu, gave the order Wednesday morning.
Afoko filed the contempt application with a case that the police service has frustrated the execution of a bail granted to him by the High Court on March 14, 2019.
Trial
Alhaji Mahama suffered severe bodily injuries after a substance suspected to be acid was allegedly poured on him in front of his house in Bolgatanga on May 20, 2015.
He later died from the injuries at the Bolgatanga General Hospital.
Afoko’s trial started in 2016 and was nearing completion after the prosecution and the defence had closed their cases.
On January 26, 2019, Afoko closed his case.
The prosecution, led by a Chief State Attorney, Mr Matthew Amponsah, had called 14 individuals as prosecution witnesses.
Subsequently, the presiding judge, Mr Justice Lawrence Mensah, directed the two parties to file their written addresses.
Nolle prosequi
However, on January 28, 2019, the A-G filed a nolle prosequi to discontinue the trial following the arrest of the other suspect, Asabke Alangdi, who had been on the run since the incident occurred in 2015.