The Accra High Court has ordered the ten individuals charged with planning the government’s overthrow to present their defense.
This occurred when the three-member panel of the court, headed over by Justice Afia Serwah Asare-Botwe, rejected the accused’s “no case” motion.
On 5th July2022, the court, which also included Justices Hafisata Amaleboba and Stephen Oppong, ruled that the plea of “no case” lacked merit since the prosecution’s 13 witnesses had established a prima facie case against the 10 defendants.
Therefore, the accused were required to respond to the claims brought by the prosecution.
Not guilty
The defendants are on trial for allegedly participating in the operations of Take Action Ghana (TAG), a Non-Governmental Organization (NGO) accused by the prosecution of plotting to destabilize the nation in order to seize power.
They include Dr. Frederic Mac-Palm, ACP Dr. Benjamin Agordzo, Colonel Samuel Kodzo Gameli, Bright Alan Debrah Ofosu (a fleet manager), Johannes Zikpi (a Ghana Armed Forces civilian employee), and Donya Kafui, alias Ezor (a blacksmith).
The remaining individuals are all soldiers: Corporal Seidu Abubakar, Lance Corporal Ali Solomon, Corporal Sylvester Akanpewon, and Warrant Officer II Esther Saan Dekuwine.
ACP Dr. Agordzo and Col. Gameli pled not guilty to aiding and abetting high treason, while the other defendants pled not guilty to both high treason and conspiracy to conduct high treason.
So far, the prosecution has presented thirteen witnesses in an effort to support its case.
The defense attorneys have also cross-examined the witnesses.
However, once the prosecution rested its case, the defendants submitted a “no case” response.
‘No case’
Section 173 of the Criminal and Other Offences Act (Procedure) Act of 1960 grants accused individuals the ability to submit a no case submission (Act 30).
It permits defendants to persuade the court that the prosecution failed to establish a prima facie case to justify the opening of their defense.
If a trial court finds validity in a “no case” motion, the accused are dismissed; otherwise, they are ordered to present their defense.
The defendant may submit a “no case” statement after the prosecution has concluded its case.
Orders
In addition to rejecting the submission of “no case,” the court gave the defendants until September 19, 2022, to submit a list of all the witnesses they planned to call, as well as if they needed the court to issue witness summonses and subpoenas.
They must also provide their own witness testimonies and any other pertinent documents upon which they plan to rely.
The hearing will resume on October 10, 2022.
Prosecution’s facts
The prosecution contends that the defendants utilized TAG as a platform to mobilize in order to destabilize the nation and topple the government.
It was said that Dr. Mac-Palm, who is suspected of being the mastermind, together with Kafui and Debrah, intended to abduct the President, Vice-President, Speaker of Parliament, and Chief of Defence Staff and compel the President to declare his coup as part of the scheme.
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“Again, there were discussions on whether or not to kill the President in the process of overthrowing the government,” the prosecution said.
Regarding ACP Agordzo, it was reported that he joined a WhatsApp platform of TAG founded by Dr. Mac-Palm, where the group discussed a planned protest that was compared to the Arab Spring.
He said that ACP Agordzo contributed GH¢2,000 to TAG in support of its cause and also composed a speech for Dr. Mac-Palm to deliver during the TAG rally.
SOURCE: GRAPHICONLINE
