A Deputy Minister of Justice and Attorney General, Joseph Kpemka, has explained that ‘nolle prosequi’ has been applied to the trial of Gregory Afoko due to the arrest of Asabke Alamde, who is the second suspect to the murder of the former chairman of the New Patriotic Party, (NPP) in the Upper East Regon.
The term “nolle prosequi” means, a declaration that a civil or criminal prosecution will not proceed further.
He added that the law gives power to the Attorney General to apply ‘nolle prosequi’ on cases before its judgment.
He made this clarification in an interview with Ibrahim Kwarteng on Radio Ghana’s ‘Behind The News’.
The Deputy AG said the position of the law is that, two persons were suspected for conspiracy and one was not confined, but since he has been arrested now, all the evidence must be put together and charged against the two suspects in order to have a hearing from the two on the case.
He added that, the trial cannot be done for one person and the other afterwards, else the process would not be proper because conspiracy refers to a planned action. He said the trial of Gregory Afoko began earlier because Alamke was not available to stand trial.
Mr. Kpemka stated that right after the murder of Mr. Adams, the two suspects in the persons of Gregory Afoko and Asabke Alamde were mentioned by the deceased before his dead and investigations began into the matter.
He said however, Asabke has been hidden for almost four years whilst Gregory was undergoing trial alone.
Mr. Kpemka said if it is established that only one of them committed the crime, but the act was not a conspiracy, then the individual cold sue the state.
He stated that “the arrest of Alamke means a lot, and brings to the fore the principle we’ve been crying for that, justice must be done in this particular matter and the only way it could have been done is to have these two persons who have been alleged to have committed the offence and mentioned by the late Adams Mahama before his death”.
He said at the end of their defense, the court will access both sides of the stories and give its conclusion on the case.
In contribution on the programme, the Upper East Regional Minister of the NPP, Cletus Ayambiri also indicated that the arrest of Asabke Alamde is good news to the NPP party.
He said the party was saddened about the abrupt cut off of the life of their former party chairman without evidence and a cause.
Mr. Ayambiri said the two suspects will be there together to defend themselves to reveal what actually happened.
BACKGROUND
The Ghana Security Agency in collaboration with Interpol has arrested the second suspect who is alleged to have had a hand in the killing of the former President of the New Patriotic Party (NPP), Adams Mahama.
The suspect is in the person of Asabke Alamde was arrested on Friday, the 25th of January 2019 in La Cote D’Ivoire, almost four years after the sudden incident.
The late chairman of the NPP was attacked with acid poured over his body of which he did not recover on the 20th of May 2015
According to the Minister of Information, after the current arrest, the state has proceeded to file a nolle prosequi with regrds to the ongoing trial between the state and Gregory Afoko.
This decision has been taken by government in order for the two suspects to be tried together to best serve the interest of justice.
Story By: Nhyira Kwabi
