Counsels in the case involving Mr Samuel Ofosu-Ampofo, the National Chairman of the National Democratic Congress and Mr Anthony Kwaku Boahen, Deputy Communications Director, have filed an appeal at the Court of Appeal to strike out the charges against their clients.

This followed the High Court’s ruling in declining the application.

Mr Tony Lithur had told the Court that the tape recordings, which is the evidence in the case is a constitutional matter as it is against Mr Ofosu-Ampofo’s right to privacy.

He, therefore, prayed the High Court on June 7, to discharge his client on the assault assertion he made on the tape against the officers but the Court struck it out.

Dr Abdul Basit, also filed an application to discharge Mr Boahen on the Alibi (that he was not at the place where the case happened) but Justice Samuel K. Asiedu dismissed that one too.

The Court then asked the Attorney General to make available all the materials to be used in the case to the accused persons and the case was adjourned to July 8, among other dates to commence trial.

However, on the next date an application of stay of proceedings was made and the case adjourned to October 17.

On Thursday, October 17, the case of setting aside the entire charges against their clients resurfaced and the matter was rescheduled for November 4.

This was after a long argument of whether that document (repeat of application at the Court of Appeal) was known to the court and the next adjourned date.

Prosecution told the Court that in January this year, a by-election was conducted at the Ayawaso West Wuogon Constituency as a result of the demise of its Member of Parliament.

The Prosecution said there were disturbances in the course of the elections and on February 3, Mr Ofosu-Ampofo met the Party’s Communication Directors at its Headquarters located at Adabraka, a suburb of Accra.

The prosecution said an audio recording which came out of the meeting and was circulated by a cross-section of the media contained a set-up of a road-map of criminal activities targeted at the Chairperson of the Electoral Commission (EC) and the Chairman of the National Peace Council among others.

Prosecution said the tape was intercepted by the Criminal Investigation Department of the Police Service.

The Prosecution said in the audio Mr Ofosu-Ampofo was heard inciting the communicators of the Party to molest both the EC and Peace Council Chairpersons and scheming on how to brutalise their opponents and creating a general sense of insecurity in the country.

The AG said that the orchestrated electoral violence plot was going to be blamed on the New Patriotic Party which is the ruling Party.

The Prosecution said, Mr Boahen also confirmed being at the meeting as well as confessed that the content of the tape was true on a popular radio station.