The Tema High Court has scheduled Wednesday, March 16, 2022, to deliver judgment on the bail application filed by lawyers for #FixTheCountry convener, Oliver Barker-Vormawor.
Renowned Ghanaian lawyer, Akoto Ampaw, the lead counsel for the embattled Oliver presented an oral argument in favor of the bail application filed for his client at the Tema High Court.
Following the filing of the bail application at the High Court, the Attorney General in response, filed documents against the application.
The court scheduled hearing of arguments for today, Monday, March 14, 2022.
Opening his argument in court today, Lawyer Akoto Ampaw said the statement made by his client for which he has been charged with felony treason, was a “conditional phrase” which was pegged on a precedent of the passage of the E-Levy.
Oliver Barker-Vormawor was arrested in connection with a Facebook post in which he stated he will do “the coup” himself if the E-Levy bill is passed.
But arguing for his client’s bail, lawyer Ampaw told the Tema High Court that Oliver Barker-Vormawor lacked the capacity to carry out such a threat.
He noted that if an individual with no capacity makes such a statement, they cannot be taken seriously and must therefore not be charged.
He told the court that the charge of treason felony pressed against his client is simply an act by the state to deny his client bail.
He said Justice Jones Dotse shared the same view in Martin Kpebu vs the State which is to the effect that, state actors should not use their authority to make capricious arrests.
He quoted Section 97(1), 97(4) of the 1992 Constitution as saying courts should not use bail as punishment for accused persons.
The state on its part however maintained its opposition to the bail application citing the same reasons contained in its response documents.
Senior State Attorney, Hilda Craig, told the court that the accused posed a flight risk as he may abscond the country if granted bail.
She added that Oliver Barker-Vormawor is yet to show the state a fixed abode. The claim however was parried by the defense counsel in their argument.
The presiding judge, Justice Daniel Mensah, upon hearing arguments from both sides, served notice that he has reached his decision but however scheduled to deliver his judgment on Wednesday.
The judge who said he will take the period to justify his judgment, adjourned sitting to Wednesday, March 16, 2022.
