A High Court in Accra on Thursday granted bail to three members of the People’s National Convention (PNC) whose bail had been revoked by a Magistrate Court after flouting its orders.
The three, Somtim Tobiga, Baba Ghana Seidu and Ahmed Gado, who were not in court, were each admitted to bail in the sum of GH¢1,000 with a surety.
Granting them bail, the High Court presided over by Mr Justice Charles Quist noted that it was wrong in law for the Magistrate Court to have revoked bail granted to the accused persons.
According to the court what the Magistrate Court should have done was to commit the applicants to the High Court for contempt.
It therefore quashed the orders of the lower court and admitted the three to bail.
The order of the court brought jubilation to relatives and sympathizers who thronged to the court.
Arguing before the court, the accused persons’ lawyer, Mr J.
Mensah contended that the Magistrate court had no jurisdiction to deal with a contempt matter assuming it had flouted its order.
According to him, the Magistrate court was only using the bail to punish the accused persons, adding that the accused persons had spent
14 days in cells.
Defence counsel further noted that under the law, it was the Attorney General that had the power to take over criminal cases, adding the complainants in the matter did not need anybody to “hold and watch brief” for them in the matter.
“My Lord, Captain Nkrabeah Effa-Darteh (Retired) has no locus in this matter,” he added.
Although the A-G’s Department did not file any affidavit in opposition, Ms Dora Quaye, an Attorney from the Department, told the court that they were only concerned with non-adherence of the court’s order.
The three, who were standing trial before the Adjabeng Magistrate Court 2 for allegedly breaking into the office of the PNC headquarters, were said to have flouted an order of the Magistrate Court.
The Magistrate revoked their bail after Capt. Effah-Darteh, who was “watching and holding brief”, informed the court that the accused
persons had flouted its orders and because they had been ordered to vacate the party’s offices.
The Magistrate, Mrs Faustina Mary Addington, after revoking their bail, further ordered the agents, assigns and workmen of the accused
persons to vacate the PNC Headquarters until the final determination of the case.
Charged with stealing and causing harm, the accused persons have pleaded not guilty.
The Magistrate Court had earlier granted GH¢4,000 bail each to Tobiga and Seidu.
Gado, the third accused person, who has also denied the charges, was granted GH¢3,000 bail with two sureties, one of whom to be justified by the court.
Police say the three accused persons, together with some members of the Council of Elders, claimed they had abolished the current
National Executive Committee and replaced it with an Interim Management Committee (IMC).
According to the Police the accused persons, together with others, who are at large, changed the locks to the offices of the party’s headquarters preventing the elected officers from operating.
It said the officers, including Alhaji Ahmed Rhamadan, National Chairman, Mr Bernard Mornah, General Secretary and Mr Attik Mohammed,
a Policy Analyst, lodged a complainant with the Police at Kotobabi in Accra.