The High Court in Accra Tuesday set aside the bench warrant issued earlier by a circuit court for the arrest of lawyer Amua-Sekyi, one of the two lawyers alleged to have defrauded their client of $850,000.
Setting aside the warrant, Mr Justice D. K. Ofosu-Quartey, a High Court judge, expressed surprise at the conduct of the police in the case involving the two lawyers who were arraigned before the Accra Circuit Court on charges of conspiracy, forgery of judicial document
and altering of documents.
According to the judge, "It is surprising that when the police had been instructed to give up the case docket and take a date in the matter, they presented the case and misled or misguided the Circuit Judge to issue a bench warrant against the 2nd accused. That act amounted to an unpardonable disobedience of lawful orders of the Attorney General.
"By the unauthorized act of the police investigator, the dignity of the 2nd accused and his constitutional rights were violated in a most unacceptable manner".
On the application for the warrant to be set aside the judge said, "The application brought ex parte is in order in view of the unjustified threat and insult that hangs over the 2nd accused person."
He further made an order to stay the proceedings of the matter before the said Circuit Court 9 as directed by the Attorney-General.
By the provision of Act 88 (4) of the 1992 Constitution, "All offences prosecuted in the name of the Republic of Ghana shall be at the suit of the Attorney General or any other person authorized by him in accordance with any law."
By a 1etter dated 19th June, 2009, the Attorney-General directed as follows: " .... She has directed me to ask you to forward the relevant case docket to her for her study and necessary action, please. I attach a copy of the petition. Please suspend the prosecution of the case and forward the relevant case docket to the Attorney-General by bearer on 22nd June 2009. You may take a month Adjourmenl."
This was over the signature of Mr. G.G. Aikins, acting D.P.P, and addressed to tbe Director General C.I.D.
According to the judge the Director General of C.l.D and the Jupol Central Police Station to whom the direction from the Attorney-General was copied, therefore, had no authority to have presented the case before the Circuit Court on June 22, 2009.
Source: Daily Graphic
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