Attempts by officials of the Attorney-General’s (A-G’s) Department to challenge the bail application by lawyers of the two persons arrested in connection with the 5880kg cocaine bust, hit a snag yesterday.
Rebecca K. Ajalo, a Senior State Attorney, had sought to quash the application for bail filed by Ellis Owusu–Fordwouh on March 31, 2015, arguing that the court was not the right forum.
She said the court did not have the jurisdiction to hear the application before it, insisting that Article 19(2) (c) of the 1992 Constitution quoted by Mr Owusu–Fordwouh in his motion on notice for bail was not known.
The accused persons are Alexander Kofi Baah, a businessman and Shahad Iddrisu, a former officer of the Customs Division of the Ghana Revenue Authority (GRA).
They are said to have on January 25, 2015 at the Kotoka International Airport in Accra, promoted an enterprise relating to narcotic drugs by travelling to Santacruz, Bolivia, to facilitate the shipment of 5880kg of cocaine concealed in 840 sacks of fertilizer to Burkina Faso.
However, at the hearing yesterday in a court presided over by Justice Francis Obiri, a high court judge sitting with additional responsibility as a circuit court judge, said the court had the jurisdiction to hear the case.
He said the application was proper before the court, adding that the request by the A-G to strike out the application could not be sustained.
Mr. Owusu-Fordwouh said there was no offence against the accused persons before the court as per the prosecution’s fact sheet.
He said the cocaine was arrested in Bolivia when the accused persons were in Ghana.
Mr. Owusu-Fordwouh contended among others that Article 19 (2)(c) must be given the real and proper meaning.
In a 30-paragraph affidavit in opposition to the bail application, the A-G stated that on March 3, 2015 Carlos Alberto Reyes, an Ecuadorian, was arrested in Bolivia by the Bolivian authorities after the discovery of estimated 5888kg of cocaine concealed in 840 sacks of fertilizer bound for Ghana.
Ms. Ajalo said on March 5, Iddrisu was arrested in connection with the substance in Bolivia, adding that “Investigation revealed that Iddrisu met with Alberto together with Baah to plan to import cocaine disguised as organic fertilizer into Ghana.”
She prayed the court to decline the bail as investigation into the case had not been completed.
The trial judge has however set Monday, April 20, to decide whether or not to grant the bail application.
