Ghana’s Supreme Court has set June 19, to give its judgement in a writ filed by Gregory Afoko invoking the original jurisdiction of the Supreme Court.
Mr. Afoko is seeking a declaration that the nolle prosequi filed by the Attorney General (A-G) on January 28, 2019 is a violation of articles 23 and 296 of the 1992 Constitution.
Article 23 imposes a duty on administrative bodies to “act fairly, reasonably and comply with the requirement imposed on them by law”, while Article 296 stipulates that persons or bodies vested with a discretionary power shall not exercise that discretionary power arbitrarily or capriciously.
The decision was made after both parties filed their joint memorandum of issues.
Afoko is further seeking an order nullifying the nolle prosequi and for “the High Court to continue to hear the case to its legal conclusion”.
Afoko’s trial started in 2016 and was nearing completion after the prosecution and the defence had closed their cases.
Alhaji Mahama suffered severe bodily injuries after a substance suspected to be acid was allegedly poured on him in front of his house in Bolgatanga on May 20, 2015. He later died from the injuries at the Bolgatanga General Hospital.
Story by Naomi Kormey Adofo (Mrs.)
