The retaking plea of Gregory Afoko, the farmer accused togather with Asabke Alangde for the pouring of a substance believed to be acid on the then New Patriotic Party’s Upper East Regional Chairman Adams Mahama, leading to his death has been adjourned to January 18, 2023.

Afoko and Asabke were on Thursday, December 21, expected to have their plea taken (in respect of Afoko it would be third time) and jury empaneled for their retrial to begin.

However, when the case was called, Counsel for Afoko was absent leading the the Criminal Division of the High Court in Accra presided over by Justice Marie-Louise Simmons adjourning to January 18.

Afoko had the jury returned a 4-3 not guilty verdict in his favour on April 27, earlier this year.

The decision led to a hung jury and the Court differently constituted had ordered for his retrial.

On the other hand, Asabke who was found guilty for conspiracy and was sentenced to death is back in court again to be retried together with Afoko for murder.

EIB Network’s Legal Affairs Correspondent, Murtala Inusah reported that, even though there were a sizable number of jurors present, the absence of Counsel for Afoko led to an adjournment.

Asabke Alangde’s Counsel, Andrew Kudzo Vortia was present while Prosecution was also represented.

Justice Marie-Louise Simmons had earlier ruled that, the convicted Asabke is to be retried after defence lawyers described it as waste of resources since he had already been sentenced to death.

Background

The decision of the jury on April 27, 2023 led to a Hung Jury, with the then trial judge, Justice Afua Merley Wood, who was sitting as a Court of Appeal judge with an additional responsibility as a High Court judge – now retired, ordering for a retrial.

Since April 27, 2023, Afoko had had two applications for bail refused – one at the Criminal Court 2 in June and the other at the Human Rights Division in October 9.

The first trial of Afoko started in 2016 and was nearing completion after the prosecution and the defence had closed their cases in 2019.

But, the proceedings of Justice L. L. Mensah following the arrest of the second accused person, was terminated on January 28, 2019.

On July 17, 2019, the second trial begun before Justice Merley Afua Wood, a Justice of the Court of Appeal but led to a hung jury on April, 27, 2023.

Following the Hung Jury, the case has been assigned to Justice Marie-Louise Simmons for fresh start and their plea taking has now been pushed to January 18, 2024 and also for the jury to be empaneled.

Brief facts

The brief facts of the case, were that on May 14, 2015, Gregory’s brother, Paul Afoko, and Kwabena Agyepong, then national chairman and general secretary, respectively, of the NPP arrived in Bolgatanga for a meeting.

It stated that, the deceased, organised some thugs to violently attack the two, scuttling the planned meeting at the Azumsolon Guest House, for campaigning against the flag bearer, Nana Addo Dankwa Akufo-Addo, and also not notifying him of the meeting.

The situation, according to the prosecution, was later brought under control by the police, adding that the accused, who was then upset, confronted Mahama but was chased out by thugs.

Another group

It also noted that Gregory and Asabke formed another youth group in their bid to protect persons perceived to be against Nana Akufo-Addo.

It said the accused persons held a series of meetings with the youth and on May 20, 2015 they laid ambush at Mahama’s residence with a substance suspected to be acid.

‘The deceased returned home around 11:10 p.m. in his pick-up vehicle, with registration number NR 761 – 14, and immediately he parked the vehicle in front of his house, the suspects went close and signalled him to roll down the glass.

The deceased identified the suspects to be party members and rolled down the glass to talk to them.

Suddenly, the suspects poured the substance suspected to be acid on his head, face and other parts of his body and fled on a motorbike.

‘The deceased started screaming for help and his wife, Hajia Zenabu Adams, went to his aid and managed to bring him out of the vehicle, the prosecution added.

According to the prosecution, Mahama’s wife also sustained burns on the right side of her chest and breast while assisting her husband.

It said when she enquired about what had happened to her husband, he told her Gregory and Asabke had attacked him.

Mahama died while being airlifted to Accra for treatment.

Gregory, who was later picked up, led the police to Asabke’s father’s house.

The police later located Asabke’s house but he had then absconded with his wife, abandoning their baby in the process.

A post-mortem report on Mahama said he died of shocked lungs and extensive acid burns.