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A pending application for stay of proceedings at the Court of Appeal has occasioned another adjournment in the trial of National Chairman of the opposition National Democratic Congress (NDC), Samuel Ofosu-Ampofo, and a Communication Officer of the party, Anthony Kwaku Boahen.
The application is seeking to have the trial of the two before an Accra High Court put on hold pending the determination of an appeal against the trial judge’s decision to dismiss their first application which sought to have the charges against them struck out.
The two NDC officials have been charged in respect of the infamous leaked tape and are being tried at a Commercial Court in Accra.
The tape is said to have captured how the NDC is allegedly planning to commit crimes in the country and turn round to blame them on the ruling New Patriotic Party (NPP).
Amongst the strategies are the creation of a general state of insecurity in the country through kidnappings and arson, and verbal attacks on public officials like the Chairman of the National Peace Council, Prof. Emmanuel Asante, and the Electoral Commission Boss, Jean Mensa.
The court presided over by Justice Samuel A. Asiedu was expected to hear a motion filed by Tony Lithur, counsel for Mr. Ofosu-Ampofo, which is challenging the constitutionality of the leaked tape in the first place.
The alleged leaked tape is among a list of documents filed by the Office of the Attorney General (AG) for the trial of the two NDC officials.
Appearing before the trial court yesterday, the Director of Public Prosecutions, Yvonne Atakora-Obuobisa, told the court that the appeal which was expected to be moved on October 23 could not be moved and was subsequently adjourned indefinitely.
Mr. Lithur, however, stated that they had received a hearing notice and the appeal had been rescheduled for November 6.
The presiding judge, therefore, adjourned the matter to November 11, 2019 pending the outcome of the appeal.
This is not the first time his lawyers have tried to have the charges against him dropped and the trial stopped.
His lawyers at the beginning of the trial filed an application to strike out the two charges of assault against a public officer. They argued that failure by the AG to provide particulars of the charges constituted a defect and, therefore, he could not be called to answer to them.
They, therefore, prayed the court to strike out the charges against their client.
Ms. Atakora-Obuobisa, however, opposed the application, praying the court to disregard it.
The presiding Judge, Justice Samuel K. Asiedu, dismissed the application on the grounds that the charges were valid and the defect, as stated by the lawyer, was not fatal to the trial.
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