The High Court in Accra has ordered the 10 persons who have been accused for allegedly plotting to overthrow government to open their defence. The panel of three presided over by Justice Afia Serwah Asare-Botwe made the order upon a ruling on submission of no case to answer by the accused persons. The panel which also include Justice Stephen Oppong and Justice Hafisata Amaleboba held that, a prima facie case has been established by the prosecution against the accused persons.
Dr Frederick Yao Mac-Palm, the Chief Executive Officer of Citadel Hospital and seven others are facing the charges of conspiracy and high treason. While ACP Dr Benjamin Agordzo and Col. Kojo Gamelie have been charged for abetment. All 10 accused persons have pleaded not guilty and have been granted bail while standing trial.
In court on Monday, July 25, 2022, the court said a prima facie case has been established against all the 10 accused persons in the matter. “They are each accordingly called upon to open their defence,” the court directed in its ruling on the submission of no case to answer. The court explained that, a ruling on submission of no case is to determine whether there is a genuine case to answer but not to examine whether prosecution has proven beyond reasonable doubt at that stage of the trial.
“At this stage, the court is only to determine if a prima facie case has been established and not to determine whether prosecution has been able to prove beyond reasonable doubt,” the court said. On July 12, 2022 Prosecution closed it case after calling 13 witnesses in the trial which started on June 8, 2021.
Consequently, the accused have been ordered to file a list of all witnesses they intend to call and if they will require the assistance of the court to subpoena witness. The court also directed the accused persons to file their their personal witness statement and exhibits by September 19, 2022. The case has been adjourned to October 10, 2022 for Case management conference.
