Alangdi Asabke seeks compensation for malicious, wrongful prosecution

 Lawyer for Alangdi Asabke, the man accused of conspiring with Greg­ory Afoko in 2015 to kill Adams Mahama, a former Upper East Regional Chairman of the New Patriotic Party (NPP), yesterday said he will seek compensation for his client for malicious and wrongful prosecution.

Asabke was sentenced to death by hanging by the Accra High Court on April 27, 2023.

The lawyer said this to Gregory Afoko, the first accused in court before proceedings began yester­day.

Alangdi is to be sent to the gallows after a seven-member jury unanimously found him guilty of conspiracy to commit murder.

Afoko is, however, to be retried after the jury returned a 4-3 verdict of not guilty on the charges of conspiracy to commit murder and murder.

Per Section 285 (4) of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), a verdict of 4-3 by a jury in a murder trial means it is a hung jury and there must be a retrial.

“Since the first accused person [Afoko] has been found not guilty by the majority decision of 4-3, this is a hung jury.

“There will be a retrial of the accused person,” Justice Merley Afua Wood, a Justice of the Court of Appeal sitting as an additional High Court judge, ruled yesterday.

The court sentenced Asabke to death on account of Section 24 of the Criminal Offences Act, 1960 (Act 29), which stipulates the punishment for conspiracy to commit an offence as the same as the substantive offence in this case murder.

“Asabke Alangdi, the men and women elected to try you, having found you guilty of conspiracy to commit murder, you are hereby sentenced to death by hanging,” Justice Wood pronounced.

But, counsel for Asabke, Mr

 Vortia, appealed the death sentence of his client, describing the verdict of the jury as “strange” and a travesty of justice.

He wondered how the jury could have found Alangdi guilty of conspiracy to commit murder and then found Afoko not guilty of the same charge of conspiracy.

“How can a person conspire against himself? In law, conspiracy only holds against two or more people, and each of the accused persons must be guilty. Who did my client conspire with if the first accused person has been found not guilty by the jurors on the same facts?

“There is no way one person can be found guilty of conspiracy and the other party will not be guilty. I am, therefore, going to lodge an instant appeal,” Mr Vortia said. According to him, the case was a clear testament that the jury system in the country was defec­tive.

According to the facts of the case, on May 14, 2015, Afoko’s brother, Paul Afoko, and Kwabe­na Agyepong, then National Chairman and General Secretary respectively of the NPP, went to Bolgatanga for a meeting.

Alhaji Mahama, the prose­cution claimed, organised some thugs to violently attack the two, scuttling the planned meeting at the Azumsolon Guest House, while accusing them of cam­paigning against the then NPP 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 Afoko, who was then upset, confronted Mahama but was chased away by some thugs.

The facts also noted that Afoko and one Asabke Alangdi formed another youth group in a bid to protect persons perceived to be against Nana Akufo-Addo.

It said Afoko 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 the vehicle in front of his house, Afoko and Asabke went close and signalled him to roll down the glass.

The case has been adjourned to February 17.

 BY MALIK SULLEMANA

The post Alangdi Asabke seeks compensation for malicious, wrongful prosecution appeared first on Ghanaian Times.

Read Full Story