Lawyers for the National Chairman of the opposition National Democratic Congress (NDC), Samuel Ofosu Ampofo, have filed an application seeking to have the Accra High Court strike out two counts of assault charges levelled against him.
At Monday’s hearing, lead counsel for the NDC Chairman, Tony Lithur, argued that it was necessary for the court to make a determination on the application before the continuation of the trial of his client
Ampofo and Kwaku Boahen, a Deputy National Communications Officer of the NDC, were dragged to the court by the Attorney-General (A-G) for allegedly inciting NDC party communicators to rain verbal insults and also incite violence against the chairpersons of the Electoral Commission (EC) and the National Peace Council (NPC).
The two are on bail in the sum of Gh¢100,000 each with one surety after they pleaded not guilty to charges of conspiracy to cause harm and assault on a public officer.
Lawyers for Boahen had raised an alibi that he was not at the said meeting where the A-G claimed the comments inciting the party communicators were made.
Meanwhile, at Monday’s hearing, counsel for Boahen, Dr Abdul Basit Bamba, also filed an application urging the court to order the prosecution to make available the diary of action relating to the case.
The diary of action is a documentary evidence relating to all aspects of the investigations.
In her response, the Director for Public Prosecutions (DPP), Mrs Yvonne Atakora Obuobisa, opposed the two applications and said the state had concluded investigations on the whereabouts of Boahen during the said meeting where the comments were made.
According to her, the prosecution had filed the investigative report at the court’s registry and the report would speak for itself.
Hearing continues on June 7, 2019 at the court presided over by Justice Samuel Asiedu, for the defence lawyers to move their applications.
Case of the A-G
According to the prosecution’s facts, following the Ayawaso West Wuogon by-election debacle on January 31, 2019, Ofosu Ampofo met with some NDC party communicators on February 3, 2019.
The facts explained that at the said meeting, Ofosu Ampofo and Boahen set out a road map of criminal activities, including violence against the EC Chairperson, Mrs Jean Mensa and the Chairman of the National Peace Council, Rev. Prof. Emmanuel Asante.
It said an audio recording of the said meeting was leaked leading to investigations by the Criminal Investigation Department of the Ghana Police Service into the comments on the tape.
The prosecution added that on February 20, 2019, Boahen granted a radio interview in which he confirmed his participation in the said meeting and also revealed that the leaked audio recording was a true reflection of what transpired at the February 3, 2019 meeting.