The Human Rights Division of the High Court in Accra has rejected the most recent application for bail submitted by Gregory Afoko, who has been in legal custody for the past eight years while awaiting his retrial.
The application, which marks the second attempt by his legal team in the past six months, was deemed to lack merit by the court. As a result, the court did not find sufficient grounds to exercise discretion in his favour, despite the previous 4-3 verdict in his favour by the jury on April 27 of this year.
The application, which was submitted in July 2023, was dismissed by the court presided over by Justice Barbara-Tetteh Charway on Monday, October 9, 2023.
Gregory Afoko, a farmer who is one of the two individuals detained in connection with the death of the New Patriotic Party’s Upper East Regional Chairman, Adams Mahama, experienced a jury verdict on April 27, 2023. In that verdict, a seven-member jury returned a 4:3 decision in favor of Afoko, finding him not guilty of charges related to conspiracy and murder.
Under the law, the jury’s verdict that resulted in a 4:3 split is considered a hung jury. Consequently, the High Court in Accra has issued an order for Gregory Afoko’s retrial. Justice Afua Merley Wood, who is a Justice of the Court of Appeal, will preside over the retrial as an additional High Court judge.
Three weeks later, Gregory Afoko, through his legal representatives, submitted an application for bail. His counsel, Stephen Sowah Charway, presented the application to the court. However, the Prosecution, led by State Prosecutor Dorm Esi Fiadzo, opposed the bail application.
Gregory Afoko’s first bail application following the order for his retrial was dismissed on June 1 by the Criminal Division of the High Court in Accra. The presiding judge, Justice Louise Simmons, ruled on this matter.
Subsequently, Gregory Afoko’s legal team lodged an appeal, which is currently pending, before filing the latest application at the Human Rights Court.
According to EIB Network’s Legal Affairs Correspondent, Murtala Inusah, Gregory Afoko, who is presently in remand at Nsawam Prison, was not present in court during the latest legal proceedings.
State prosecutors have previously indicated their readiness for the retrial to commence, and they are awaiting the assignment of the case.
Asabke Alangdi, the second accused in the case, who has been found guilty by the jury for the charge of conspiracy to commit murder and subsequently sentenced to death, has filed an appeal at the Court of Appeal challenging his conviction and the subsequent sentencing.
