A High court in Accra has ordered for a retrial of Gregory Afoko who has been on trial for over six years over the death of late Upper East Regional Chairman of the New Patriotic Party (NPP), Alhaji Mahama.
The second accused person Asabke Alangde has been sentenced to death by hanging.
This follows the decision of the Jury in the case to return a not guilty verdict of 4-3 in both the murder and conspiracy to commit murder charges against Gregory Afoko.
The jury however returned a unanimous verdict on the charge of conspiracy to commit murder against the second accused person Asabke Alangde.
The jury then returned a not guilty verdict of 4-3 in the murder charge faced by the second accused person.
Background
Alhaji Mahama suffered severe body injuries after a substance suspected to be acid was poured on him in front of his house in Bolgatanga on May 20, 2015.
He later died from the injuries at the Bolgatanga General Hospital.
Afoko was initially the only one standing trial after Alangdi allegedly absconded from Ghana.
After more than three years of trial, the Attorney-General (AG) filed a nolle prosequi on January 28, 2019, to discontinue the trial following the arrest of Alangdi.
Afoko challenged the nolle prosequi by filing a case at the Supreme Court, but on June 19, 2019, the apex court dismissed the case on the premise that Afoko failed to prove that the nolle prosequi was capricious, unfair and arbitrary.
Prosecution’s facts
According to the facts of the case, on May 14, 2015, Gregory’s brother, Mr Paul Afoko, and Mr Kwabena Agyepong, then National Chairman and General Secretary respectively of the NPP, arrived in Bolgatanga for a meeting.
Adams Mahama, the prosecution claimed, organised some thugs to violently attack the two, scuttling the planned meeting at the Azumsolon Guest House, accusing them of campaigning against the flag bearer, Nana Addo Dankwa Akufo-Addo, and also not notifying him (Mahama) of the meeting.
The situation, according to the prosecution, was later brought under control by the police, adding that Gregory, who was then upset, confronted Mahama but was chased away by some thugs.
Another group
The facts also claimed that Gregory and Asabke Alangdi formed another youth group in their bid to protect persons perceived to be against Nana Akufo-Addo.
It said Gregory and Alangdi held a series of meetings with the youth, and on May 20, 2015, they laid ambush at Mahama’s residence with a substance suspected to be acid.
“Mahama returned home around 11:10 p.m. in his pick-up vehicle, with registration number NR 761-14, and immediately he parked in front of his house, Gregory and Asabke went close and signalled him to roll down the glass.
“Mahama identified the suspects to be party members and rolled down the glass to talk to them. Suddenly, the suspects poured the substance, suspected to be acid, on his head, face and other parts of his body and fled on a motorbike.
“Mahama started screaming for help, and his wife, Hajia Zenabu Adams, went to his aid and managed to bring him out of the vehicle,” the prosecution said.
