Lawyers for #FixTheCountry Movement convener, Oliver Barker-Vormawor, have finally filed an application for bail for their client at the Tema High Court.
This comes days after the Supreme Court struck out a case filed by the lawyers and questioned why they had failed to make an application for bail at the High Court but rather sought its intervention regarding a Habeas Corpus ruling.
“You have an individual’s liberty at stake. You embark on this journey to this court. You want us to interpret this constitution in a mixed application. Your duty is to protect your client’s rights. Your priorities are mixed.
“Is this the time for this intellectual exercise? Should you not be taking a pragmatic approach to help your client?” the panel asked the lawyers.
According to the judges, the paramount objective of the team should be focused on the liberty of their client and not file applications.
The youth activist, who has been in custody since Monday, 14 February, faces a treason felony charge at the Ashaiman District Court.
It appears his continuous stay in police custody is about to change, a statement issued by the #FixTheCountry group suggested.
“In all these sessions, however, the courts have told Oliver one and only one thing which is contrary to Article 14(3)b) of the Constitution – that he rather should take his detainers to the court which has jurisdiction to ensure his right to personal liberty.
“By that, it is now well-established that the constitutional duty of the police to bring persons they have arrested to a court of competent jurisdiction no longer exists. That duty is now on the individual to perform. Accordingly, Oliver has agreed to perform that duty. He has signed the affidavit in support of an application for bail at the High Court.”
The application will be heard on Thursday, 10 March 2022, at the Tema High Court.
What are Oliver’s chances of freedom?
A Deputy Attorney General Diana Asonaba Dapaah has revealed that the AG’s office might not be opposed to a bail application for the accused, should he apply.
She said there would not be reasons to oppose bail if it is made in the right forum.
She said this on Tuesday, 2 March 2022, at the Supreme Court, when she was asked about the prosecution’s stance on the matter.
Background
The accused was arrested on 11 February by the Tema Regional Police Command following a post he allegedly made on social media to the effect that he would stage a coup himself if Parliament passed the E-Levy Bill.
“The post contained a clear statement of intent with a possible will to execute a coup in his declaration of intent to subvert the constitution of the Republic of Ghana,” the police statement dated 12 February 2022, signed by the Director-General of Public Affairs, DCOP Kwesi Ofori said.
After his post, a section of Ghanaians who found his comments distasteful poured out on social media to call the Ghana Police Service to arrest him.
He was arraigned on Monday, 14 February 2022, and has been on remand since his first Ashaiman District court appearance.
Mr Barker-Vormawor has been charged with treason felony, but he pleaded not guilty.