The Accra High Court trying Samuel Ofosu-Ampofo and Anthony Kwaku Boahen has adjourned the trial to June 1, 2023.
This followed the attention drawn by Tony Lithur, defence counsel for Ofosu-Ampofo, former Chairman of the National Democratic Congress (NDC), that they had filed an application at the Court of Appeal and were awaiting direction on Wednesday, May 10, 2023.
The Court and Prosecution said they did not have copies to that effect.
Yvonne Attakorah Obuobisa, the Director of Public Prosecutions (DPP), said” What we have is the appeal proper and fixes for May 10, 2023. We have not received the records for the appeal proper. It is only this morning that he said he filed it on Friday, and I was ready to go.”
Boahen, the second accused person, has indicated that he was filing an appeal against the ruling on the submission of no case, the DPP added.
Dr. Aziz Bamba, defense counsel for Boahen, one of the NDC communicators, said they had filed a fiat, adding that "I am surprised you were not served.
Attakorah Obuobisa promised to check the registry as the prosecution had not been served.
The Court presided over by Justice Samuel K. Asiedu also said, "I’m also ready, especially when Tony Lithur filed witness statements,”
Ofosu-Ampofo and Boahen have been charged with threatening to cause harm to public officers.
They have since been granted bail.
The facts of the prosecution are that following the Ayawaso West Wuogon by-election, which was characterised by violence on January 31, 2019, Ofosu Ampofo met with some NDC communicators on February 3, 2019.
At the said meeting, the prosecution said Ofosu Ampofo and Boahen mapped out a strategy of criminal activities, including violence against the Electoral Commission (EC) Chairperson, Jean Mensa, and Most Reverend Professor Emmanuel Asante, Chairman of the National Peace Council.
It said an audio recording of the said meeting was leaked and the Criminal Investigations Department commenced investigation over the comment made in the said tape.
On February 20, 2019, Boahen in an interview, confirmed his participation in the meeting and also revealed that the leaked audio recording was a true reflection of what had transpired on the February 3, 2019 meeting.