Lawyers for Barker-Vormawor, Mr. Akoto Ampaw (Left) and Dr. Justice Srem-Sai. |
The Tema High Court on February 17 dismissed a habeas corpus application for the Inspector General of Police (IGP) and the Attorney-General to appear before the court to justify the continued detention of Barker-Vormawor.
The Supreme Court has struck out an application which, was
seeking to quash a High Court decision on Oliver Baker-Vormawor, the social
activist charged with treason felony.
Not satisfied, Barker-Vormawor proceeded to the Supreme Court
with an application to quash the Tema High Court decision.
But at Wednesday’s hearing at the Supreme Court, a member of
the bench, Justice Getrude Torkornoo, described the application as a “salad”
motion because of it being a mixture of everything.
The application was however struck out after lawyers for
Baker-Vormawor withdrew it.
The court was presided over by Justice Jones Dotse, with
Justices Nene Amegatcher, Prof Nii Ashie Kotey, Torkornoo and Yonny Kulendi.
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Graphic Online's Emmanuel Ebo
Hawkson reports from the Supreme Court that, lawyer for Barker-Vormawor, Dr
Justice Srem-Sai, had a torrid time trying to convince the five-member panel to
grant the application.
The judges wondered why counsel had not applied for bail for
his client at the High Court but had decided to file the current process at the
Supreme Court.
According to the judges, the paramount objective of counsel
was to seek the liberty of his client and not be filing applications.
Dr Sai answered that he was following the instructions of his
client, but the court reminded him that as a lawyer, he was to guide his
client.
Justice Torkornoo told counsel to stop indulging in
intellectual exercise and do the right thing which was going to the High Court
for bail.
After the various criticisms from the panel, Dr Sai decided to
withdraw the application.
Counsel then asked the Supreme Court to grant Oliver -Baker
bail.
A Deputy A-G, Ms Diana Asonaba -Dapaah, said the State may not
be opposed to bail, but the right procedure should be followed, which was for
the application to be put before the High Court.
The Supreme Court said although the constitution granted it
power to give any order including bail, it would set a bad precedent if it granted
bail.
Justice Kulendi informed Dr Sai that the danger was that if
the Supreme Court refused his client bail; all other courts might refuse bail.
The court then advised counsel to go to the High Court for
bail.
Source:
graphic.com.gh
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