The embattled National Chairman of the National Democratic Congress (NDC) Samuel Ofosu-Ampofo, has filed an appeal against the decision of the High Court to adopt the controversial witness statement of the first Prosecution Witness, Benjamin Osei Ampofo Adjei, a staff of Multimedia Group (Adom FM).

The state-led by the Director of Public Prosecutions (DPP), Yvonne Atakora Obuabisa, on the 29th of January 2020, called its first witness.

The witness identified himself to the court as Benjamin Osei Ampofo Adjei and indicated to the court that he works with the Multimedia Group (Adom FM) as an Akan newscaster, reporter and a sit-in host for the morning show in the absence of the regular host.

The controversy started when the witness told the court presided over by Justice Samuel Aseidu, a Justice of the Court of Appeal sitting with additional responsibility as a High Court Judge, that the witness statement filed by the state was brought to him by a Police Officer and without reading it he signed same. The witness sought to distance himself from the witness statement that had his signature on it, a development that took the court back.

Today in Court, the lawyer for the first accused person, Tony Lithur, indicated that he has filed an appeal against the ruling of the High Court made on the 29th of January 2020 which essentially adopted the witness statement of the first Prosecution Witness.

Additionally, he informed the Court that the defence team has filed a stay of proceedings pending the determination of the appeal. Lawyer Tony Lithur, therefore, pressed upon the Court to adjourn sitting to the 11th of February 2020 which is the date set for his application for Stay of Proceedings to be moved.

The State led by the DPP opposed the instant application demanding that the case be adjourned pending the hearing of his application for Stay of Proceedings. She insisted that the Court has the power and should exercise the power to allow the trial to continue.

Justice Samuel Aseidu’s Court in a short ruling said his Court has not been served with a copy of the tape that was expected to be played today to the hearing of the Court and by reason of that, he is inclined to grant the request of the defence team. He adjourned sitting to the 11th of February 2020 for the trial resume.

Background

The two NDC officials have been charged in respect of the infamous leaked tape and are being tried at a Commercial Court in Accra presided over by Samuel Asiedu. The tape is said to have captured how the NDC is allegedly planning to commit crimes in the country and lay blame them for same on the ruling New Patriotic Party (NPP).

Amongst the alleged strategies are the creation of a general state of insecurity in the country through kidnappings and arson, and verbal attacks on public officials like the Chairman of the National Peace Council, Prof. Emmanuel Asante, and the Electoral Commission chair, Jean Mensa.