The state has amended the charge sheet against Gregory Afoko, brother of the National Chairman of the New Patriotic Party (NPP), Paul Afoko, who has been accused of being behind the death of the Upper East Regional Chairman, Adams Mahama.
The initial charge sheet tendered before the court at the last adjourned date was substituted by the state in which a third accused person, Musah Issah (A3) was also arraigned.
Gregory Afoko and one Asabke Alangdi, now at large (A1 and A2 respectively) have been charged with conspiracy to commit murder and intentionally and unlawfully causing the murder. Musah, A3 faces the charge of abetment of crime.
Brief facts
Briefing the court of the new amended charge sheet, the prosecution, Superintendent Francis Baah told the court that A1 together with A2 currently on the run planned the murder of the late Upper East Chairman of the NPP, Adam Mahama.
Sup. Baah told the court that the accused person is a farmer and the younger brother of Mr Afoko. He said during the early part of May, Mr Paul Afoko and Mr Kwabena Agyepong, the chairman and General Secretary of the party, respectively, arrived in Bolgatanga, where the deceased organized some thugs to violently attack them.
The prosecution said the situation was later brought under control by the police, but A1 who was not impressed with the action by the regional chairman had a confrontation with him, until Gregory was chased out by the thugs.
Sup. Baah said later Gregory and his accomplice mobilized some youth to form another group with the sole aim to protect party executives perceived to be against Nana Akufo-Addo's bid.
He said there were series of meetings and on May 20, Gregory and his accomplice armed with a substance in a gallon suspected to be acid, laid ambush at the deceased's residence when he was returning home around 11pm.
The prosecution said immediately the deceased saw them he parked his car in front of his house and the accused person and his accomplice went closer and signaled him to roll down his window and since he recognized them as party members, he rolled down the window.
Sup. Baah said wife of the deceased later heard the screaming of the deceased and came to help him, where she managed to bring him out of the car and in the process; she sustained burns on the right side of the chest and breast.
Sup. Baah said when the wife enquired from the husband what happened, the late Mahama told her that it was Gregory and his partner, who poured the substance on him.
He said the deceased, who could not withstand the pain, kept mentioning the names of the accused person and his partner, while he was rushed to the hospital.
While the deceased was being prepared to be airlifted to Accra for an intensive care, he was pronounced dead.
Sup. Baah said a post mortem examination conducted on the deceased indicated shock lungs and extensive acid burns.
Bail application
Stephen Ampah-Korsah, the lead counsel for the accused persons and his team, initially raised an objection against the suit number of the new charge sheet, but the court ruled the case should continue and the number checked from the registrar.
The counsel in applying for bail told the court that the police had not gathered enough evidence to admit the accused persons to remand and prayed the court for them to be admitted to bail.
He said, the liberty of A3 on the basis of the police accounts that an unknown source told them, A3 sought to procure acid was to be ignored.
He argued that, A3 had an alibi in respect of that fact, and was not within the jurisdiction at the time the murder incident had occurred.
Arguing for A1, counsel prayed the court to admit him to bail. He reiterated that he also has an alibi and was nowhere near where the incident happened. Counsel opposed police accounts that because A1 was a member of the NPP he was connected with the case saying, “a murder case is not an issue to toil with.”
He reminded the court that, A1 has been in custody for 19 days and that they don't know how long it will take the police to finish their investigation.
BNI
The presiding judge, Walanyo Kotoku, after listening to arguments refused them bail and asked them to be remanded at the BNI custody. The Police are still investigating the matter. The court subsequently adjourned the case to June 23, 2015.
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