Dr Abdul Basit Aziz Bamba, counsel for Mr Kweku Boahen, the Deputy Communications Director of the National Democratic Congress (NDC), charged with conspiracy to commit crime, yesterday asked an Accra high court to struck out the case against his client.
Trial of Mr Boahen, who is charged together with Mr Samuel Ofosu Ampofo, the Chairman of the NDC, was supposed to commence yesterday, but the prosecution asked for another adjournment to enable it prepare the first witness to appear in court.
Displeased by the call for another adjournment, Dr Bamba told the court presided by Justice Samuel Asiedu, a Court of Appeal Judge, sitting with additional responsibility as a high court that the conduct of the prosecution in seeking adjournments was highly improper.
The Director of Public Prosecution (DPP), Mrs Yvonne Atakora Obuobisa, had told the court that the prosecution could not hold conference with the witness because the witness travelled outside to seek medical attention.
Dr Bamba argued that the reason for which the prosecution asked for adjournment was untenable and that the court could strike it out, so that the case could start afresh once prosecution was ready.
Mrs Oboubisa stated that the defence was partly to blame for the delay in commencement of the trial.
He reminded the court that the prosecution adjournments was not always at the instance of the prosecution.
The trial of the duo was set to begin on July 8, 2019, however, Mr Asiamah Sampong, a senior state attorney, then prosecuting, told the court that the witness was indisposed.
The facts are that the accused were arraigned on April 16 for allegedly inciting communicators of the party to attack the chairperson of the Electoral Commission, and the chairman of the National Peace Council.
They were said to have been secretly recorded on their plot of attack, on the target persons in an audio, which has since gone viral.
Mr Tony Lithur, counsel for Mr Ampofo, told the court that his client could not speak about the alleged leaked tape because it was doctored.
He said the invasion of his clientâ€™s privacy relates to the constitutional breach of Mr Ampofoâ€™s rights.
Dr Bamba, said his client denied the charges filed against him, and added that Mr Boahen was innocent until proven guilty by the court.
He contended that the charges against the Deputy Communications Officer of the NDC were not grounded in the law.
Miss Gloria Akuffo, the Attorney-General and Minister of Justice, who read the charges against the accused in April 2019, said Mr Boahen faces only a charge of conspiracy to cause harm, while his colleague was charged with all the three counts.
Mr Boahen and Mr Ampofo had pleaded not guilty to the charges against them, and were currently on GHÂ¢100,000 bail each, with a surety.