Accra,(Greater Accra) 11, Nov. ’98
In a twist which appears a departure from normal practice in Ghanaian jurisprudence, an Accra High court trying five persons of treason has ordered the defence counsel to address the court for the prosecution to respond.
The order followed an argument between the defence and the prosecution as to who should address the court first after both sides have closed their respective cases.
The five, who have pleaded not guilty, are Alexander Ofei, alias Kwame Alex, Kwame Ofori-Appiah, Sylvester Addai-Dwomoh, John Kwadwo Owusu-Boakye and Emmanuel Osei Kofi.
The three-member panel, presided over by Mr Justice P.K. Owusu-Sekyere, ruled that under the Criminal Procedure Code (Act 30) of 1960, the Director of Public Prosecutions (DPP), who is the prosecutor in the case, is the last person to address the court in a case such as the one before the court.
The court, therefore, asked Mr Nyamekye Baah, counsel for the first accused, Ofei, to address the court, but he applied for an adjournment to enable him to prepare for his address.
The court obliged and adjourned proceedings to Tuesday, November 17.
The accused are alleged to have contacted some soldiers on guard duty at the Ghana Broadcasting Corporation (GBC) between July and September 1994 to assist them to stage a coup.
The soldiers reported the matter to the security authorities, who asked them to feign interest and co-operate with the accused in their preparations for the coup until they were arrested on September two, 1994.
The other panel members are Mr Justice R.K. Apaloo and Mrs Justice Ivy Ashong.
Mr J.C. Amonoo-Monney, the DPP, is the prosecutor. Mr S.M Asante is counsel for Ofori-Appiah. Addai-Dwomoh is represented by Mr Freeman Osei Anto Bonsu, while Mr Atta Akyea and Mr Joseph Amui are appearing for Owusu-Boakye and Osei Kofi.
