In his writ invoking the original jurisdiction of the Supreme Court, Afoko is seeking a declaration that the nolle prosequi filed by the A-G on January 28, 2019, is a violation of articles 23 and 296 of the 1992 Constitution and, therefore, “unconstitutional, null and void”.
Afoko is further seeking an order nullifying the nolle prosequi and for “the High Court to continue to hear the case to its legal conclusion”.
The AG on January 28, 2019, filed a nolle prosequi to discontinue the trial following the arrest of the other suspect, Asabke Alangdi, who had been on the run since the incident occurred in 2015.
Afoko and Alangdi have since been put before the Accra Central District Court on provisional charges of conspiracy to commit murder and murder for committal proceedings, which are a prelude to the trial at the High Court.
The AG’s move came some few to the delivery of the final judgment at the High court after about fours years trial.
Murder of Adams Mahama
Adams Mahama suffered severe fatal injuries after an acid attack in front of his house in Bolgatanga on May 20, 2015.
He subsequently died at the Bolgatanga General Hospital following the injuries.
Afoko’s trial started in 2016 and was almost ended after the prosecution and the defence counsel closed their cases.
But on January 28, 2019, the Attorney General filed a nolle prosequi to discontinue the trial following the arrest of another suspect, Asabke Alangdi.
Afoko and Alangdi were then put before the Accra Central District Court on provisional charges of conspiracy to commit murder and murder.