Politics Tue, 16 Jul 2019
Human Rights Lawyer, Francis-Xavier Sosu has described the Attorney General’s handling of the murder case involving Gregory Afoko as a political trial.“Let’s call a spade a spade, what is happening to Afoko is a political trial. I am a Ghanaian and a human rights lawyer. I have a passion for people and believe in the liberty of all Ghanaians” he reacted to a high court decision rescinding a bail granted the accused.
A judge at the Accra High Court, Justice Merley Wood on Monday, July 15, 2019, overturned the decision made by another High Court judge, Justice George Buadi.
Justice Buadi granted Gregory Afoko bail on March 14, 2019, but the state refused to effect the bail by keeping the suspect.
The suspect is being tried for the murder of New Patriotic Party (NPP) Upper East regional party chairman, Adams Mahama, in 2015.
According to the state prosecutor, Mr Akofo may not return to court if he was granted bail. The judge went ahead to rescind the bail.
But Lawyer Francis-Xavier Sosu found the decision as being unconstitutional and a violation of the constitutional rights of Gregory Afoko.
He indicated that the decision also seems to be against Article 14 of the constitution that provides that suspects that are unreasonably held for an unreasonably long time in detention, they have an automatic constitutional right to be released whether conditionally or unconditionally.
“For a High Court differently constituted to rescind the decision of another High Court clearly shows judicial impropriety. This is the height of judicial abuse and abuse of judicial power and abuse of office in relation to Gregory. I think every well-meaning Ghanaian would have to speak up against this,” he said on Bolgatanga based Yem Radio monitored by MyNewsGh.com.
Lawyer Sosu found it strange that a high court would depart from its own decision because high courts, unlike the Supreme Court, is bound by its own decision by the rules of judicial precedents.
“A High Court cannot depart from its own decisions. It is only the Supreme Court that is not bound by its own previous decision. When one High Court has found that the man is entitled to bail and so admits him to bail, by what stretch of imagination is another High Court rescinding that bail,” he questioned.
He found it strange that after the state had attempted to stay the bail by filing an appeal in respect of the matter which is pending and proceeded to apply for a stay of execution of the bail that was granted which was also refused by the court with an application of contempt against the state all of which are yet to be determined, another high court was constituted to rescind the decision.
The human rights lawyer called on the Ghana Bar Association (GBA) to speak against the injustice and abuse of the judicial system of the country.
He proposed that the suspect, Gregory Afoko should embark on hunger strike to compel the state to honour his rights.