The Director of Legal Affairs of the National Democratic Congress (NDC), Abraham Amaliba, says the party has resolved that its parliamentary candidate for the upcoming Assin North bye-election, James Gyakye Quayson, does not attend daily trial until the bye-election is over.
Speaking in an interview with Starr News, lawyer Amaliba said the directive by the High Court is an affront to Mr Quayson’s human rights.
“What we know is that at the last adjourned date the court ordered that he should be appearing daily, but we think that this is against his fundamental human rights considering that he’s a candidate in the upcoming bye-election.
“So, this order is what we are seeking to vary and more so for the trial to resume after 27 which is the bye-election day. Our application is in reaction to the daily hearing that the court ordered to be done,” he said.
When asked what the NDC will do in the event that the application is not considered by the court, he said “we have a Plan B, but that Plan B cannot be discussed now on the radio. But we shall ensure that he does not attend court on daily basis until the bye-election is over.”
Meanwhile, the hearing of the motion in which Mr Quayson is seeking a variation of orders of the Court to conduct his criminal charges on a day-day-basis has been fixed for Wednesday, June 21, 2023.
This was after the State had indicated to the court that they would need time to respond to the motions filed by the application.
Mr Quayson had pleaded not guilty to five charges of deceit of the Public officer, forgery of passport or travel certificates, knowingly making a false statutory declaration, perjury and false declaration for office.
He has been granted bail and is standing trial.
The Criminal Division of the Accra High Court presided over by Justice Mary Maame Ekue Yanzuh had on June 16 directed that the trial be conducted daily upon an oral motion by the Attorney General.
Lawyers of Mr Quayson had prayed the court to adjourn the case to immediately after June 27 because Mr Quayson was involved in a bye-election on June 27.
But their request was turned down.
Dissatisfied with the decision, lawyers of the accused led by Tsatsu Tsikata filed a motion for review or variation of the orders made by the court on June 16.
In court on Tuesday, June 20, when the parties appeared, the lawyers of Mr Quayson prayed for the motion to be moved.
But, Deputy Attorney General, Alfred Tuah Yeboah, indicated to the court that they will need time to respond to the motion and prayed for the case to be adjourned to June 21.
Tsatsu Tsikata
Defence counsel had argued that though the case was fixed for today (June 20) for continuation, the subject matter logically precedes the continuation of cross-examination or further hearings of the case.
Mr Tsikata said, per the affidavit in support of the application, “we referred to extremely prejudicial, unjustified and insulting remarks made by the AG against the accused person while seeking an application for day-to-day hearing of the case between today (June 20) and June 23.
Counsel said, Justin Terriwajjah, his junior had made it clear to the court that the accused is a parliamentary candidate for the bye-election that had been fixed for June 27 by the Electoral Commission.
Mr Tsikata also stated that his junior had notified the court and suggested to the court that the accused be allowed the opportunity to have fair grounds in that election process.
“It is our submission that the device that was being resorted to that there is no proof of service was a way of the AG ensuring the day-to-day appearance of the accused in court,” Mr Tsikata pointed out.
He also pointed to an aspect of the case before the Supreme Court which had been fixed for June 22 which clashes with aspect of the orders.
“We as counsel suggested to the court that we will need time to prepare for the Supreme Court and their request for tomorrow (June 21) would put in effect the orders of the court.”
Mr Tsikata stated that “If they are not ready today (June 20) the case should be adjourned to June 28,” when the bye-election would be over.
He described the comments made by the Attorney General as “irresponsible.”
AG rebuttal
Deputy Attorney General, Alfred Tuah Yeboah, argued that the issues raised in the motion, at short notice do not warrant the request made by the accused.
He stated that the motion was only filed on June 19 and if that is the case, they cannot only appear in court today to argue considering the attacks on the Attorney General.
“What was said was also an attack on the Attorney General and we will need time to respond,” the Deputy AG argued.
He also pointed out that the court had already taken dates up to June 21 before last Friday’s June 16 hearing but only added June 22 and 23 to the already taken dates.
He prayed the court that, “we need time to respond and the motion be adjourned to June 21.”
The Deputy Attorney General also reminded the court that, while adjourning the case for the motion to be heard, the business of the day which was for further cross-examination of the first Prosecution witness should be conducted.
Justice Mary Maame Ekue Yanzuh after listening to the parties adjourned the case to Wednesday, June 21 for the motion for variation to be heard.
NDC gurus
The courtroom was heavily parked with officials of the NDC.
Some of the big names from the NDC who were in court were Prof Naana Opoku Agyemang, Mrs Betty Mould Iddrisu, Marietta Brew Appiah Opong, Tony Lithur, Kofi Adams, Samuel Okudzeto Ablakwa, Alex Segbefia, Lawyer Abraham Amaliba among others.
Some sympathizers of James Quayson also stormed the court displaying placards while chanting the name of James Quayson as their preferred choice.
Some of the inscriptions read Assin North loves Hon. Quayson, leave our MP alone, Assin North want Hon. Quayson to lead, Assin North decision Hon. We, the people of Assin North choose Hon. Quayson as our MP, we need Hon Quayson, let our people go free Hon. Quayson among others.
ALSO READ: