The Accra High Court, trying the former NDC National Chairman, Samuel Ofosu-Ampofo, over the charge of assault for allegedly inciting NDC communicators against the Chairpersons of the EC and National Peace Council, has adjourned the case to June 20, this year, for Mr. Ofosu-Ampofo, to open his defense. The Court agreed to adjourn the case, after lawyers for the former NDC National Chairman said, the accused is unable to walk, due to swelling in his legs. Samuel Ofosu-Ampofo, and Anthony Kwaku Boahen, were directed to open their defense, in January 2023, after the presiding judge Justice Samuel Asiedu, ruled that the prosecution was able to establish a prima facie case against them.
At Thursday morning’s hearing, Tony Lithur, lawyer for Samuel Ofosu-Ampofo, informed the Court, that, the first accused is back in the country, however, it appears that, the long haul flight affected his legs. Therefore, the accused, could not attend a preparation meeting, ahead of hearings, because he was having difficulty walking; the reason, he is unable to make it to Court. Mr. Lithur, said, doctors for Mr. Ofosu-Ampofo, say because it is just a swelling, within a week or two he could walk with a stick. He, therefore prayed the Court, for two weeks, to call the accused to open his defense. The Director of Public Prosecution, Yvonne Obuobisa Attakora, who is prosecuting the case, confirmed, seeing a doctor’s report indicating that the first accused person would not be able to walk. She consequently agreed to the request, by lawyers for Samuel Ofosu Ampofo, for the court to adjourn the matter.
Justice Samuel Asiedu, after listening to the parties, granted the request and subsequently adjourned the case to June 20, 2024. At the previous hearing, the Court, ordered Anthony Kwaku Boahen, a communications officer of the National Democratic Congress, who is the second accused person, to hold himself in readiness to open his defence on May 30, 2024, if the former National Chairman of the party, Samuel Ofosu-Ampofo does not show up for the trial. This was after trial judge, Justice Samuel Asiedu, a Justice of the Supreme Court sitting as an additional High Court judge, held that the trial which began in December 2019 has taken too long to conclude. Mr. Ofosu-Ampofo and Anthony Kwaku Boahen are on trial over a leaked audio tape which revealed how the opposition NDC was allegedly planning to commit crimes in the country and turn round to blame them on the ruling New Patriotic Party. Among the strategies were the creation of a general state of insecurity in the country through kidnappings, arson and verbal attacks on public officials like the Chairman of the National Peace Council. Prof. Emmanuel Asante and EC boss, Jean Mensa, ahead of the 2020 general election. The two were ordered by the court on January 26, 2023 after the Court, held that the prosecution had successfully established a prima facie, against the accused person, who had then filed a submission of no case. But, both haven’t been able to open their defense, as at now, due to interlocutory applications and so because of Mr. Ofosu-Ampofo’s absence as he was then undergoing treatment in the United States.
The court was prepared to have Mr. Boahen open his defence on the previous hearing, but, lawyers for accused persons, were of the opinion that it would be very helpful if Mr. Ofosu-Ampofo who is alleged to have made the statements testifies before his co-accused. Mr. Lithur said Mr. Boahen was only “tagged along” Mr. Ofosu-Ampofo because of his alleged reaction to what the former NDC National Chairman is alleged to have said.
