Court sticks to decision to revoke bail for PNC officials
March 03, 2011
Accra, March 3, GNA - The Adjabeng District Magistrate Court Two on Thursday said it would not renew its orders that revoked the bail granted to three members of the People's National Convention (PNC) who have been accused of breaking into the party's headquarters.
This was after Dr Somtim Tobiga, one of the accused persons, appeared before the court. On February 24, Dr Tobiga was not present but he wrote a letter to the court to excuse him.
Baba Ghana Seidu and Ahmed Gado, who appeared before the court on February 24, had their bail revoked because they had flouted the court's order.
The Magistrate, Mrs Faustina Mary Addington, after revoking their bail, further ordered the agents, assigns and workmen of the accused persons to vacate the premises until the final determination of the case.
According to the court it had not received any application from the High Court that enjoined the accused persons to flout its orders.
When sitting resumed on Thursday, the Magistrate Court said it would only renew its orders on the bail after it had heard from the High Court.
Meanwhile Seidu and Gado, who were remanded earlier, were absent when the case was called.
Dr Tobiga, who represented himself in court, informed the court that he had filed an order for certiorari and an order of prohibition at the High Court quashing the orders of the lower court.
He further challenged Captain Nkrabeah Effah-Darteh (Retired) as to why he was "holding and watching brief" for the complainants saying he had no right to "watch brief".
Capt. Effah-Darteh said every lawyer had the right to speak in every court in the country.
He said the order of prohibition and certiorari had not been heard by the High Court and the accused persons were still in occupation of the Party's premises.
Capt. Effah-Darteh said now that Dr Tobiga was in court he should be put in custody as the order of the court covered all the accused persons.
When Dr Tobiga wanted to leave the court's premises, he was stopped by the court's warrant officers.
Tobiga, Seidu and Gado are standing trial on charges of stealing and causing harm.
The court had earlier granted GH¢4,000 bail each to Tobiga and Seidu.
Gado, the third accused person, who also denied the charges, was granted GH¢3,000 bail with two sureties, one of whom to be justified by the court.
The bail was revoked by the court after Captain Nkrabeah Effah-Darteh (Rtd) had informed it that the accused persons had flouted its orders.
According to him, the accused persons were still occupying the party's offices despite the orders of the court made on January 6 that they should vacate.
Capt. Effah-Dartey therefore prayed the court to revoke the bail by sending them back to custody until they complied with the orders of the court.
Capt. Effah-Darteh who was "watching brief" for the complainants in the case, said he had advised his clients to respect the law by not doing anything that would disturb the court processes.
He noted that the charges levelled against the accused persons were stealing and causing damage and those constituted criminal offences which did not need the filing of stay of execution among other applications.
Capt. Effah-Darteh said the accused were at liberty to pursue any civil action as to whether or not they did not like their party chairman.
Seidu, however, told the court that the party's offices were opened and not closed.
According to Gado he had filed some applications against the party at the High Court and denied ever stealing anything from the party headquarters.
Earlier Police Inspector Fuseini M. Iddrisu, the prosecutor, told the court that the three accused persons together with some members of the Council of Elders claimed they had abolished the current National Executive Committee and replaced it with an Interim Management Committee (IMC).
He said the accused persons together with others changed locks to the offices of the party's headquarters preventing the elected officers from operating.
The prosecutor said the officers including Alhaji Ahmed Rhamadan, National Chairman, Mr Bernard Mornah, General Secretary and Mr Attik Mohammed, a Policy Analyst, lodged a complainant with the Police at Kotobabi in Accra.