SC advised Barker-V’s counsel to apply to High Court for bail
Supreme Court has advised lawyers for Convenor of #FixTheCountry Movement , Oliver Barker-Vormawor to focus on securing Barker-Vormawor’s liberties rather than the frolic of an intellectual exercise they had embarked on.
The five-member panel was at a loss as to how the lawyers seemed to have abandoned their priority of seeking enforcement of their client’s rights whilst chasing after the state over its obligations.
His Lordship Yuoni Kulendi pointed out to the lawyers that there was a right of liberty under Article 14(3) of the Constitution, saying “it is your priority as counsel to prosecute that right”. Is this the time for this intellectual exercise? If this man’s liberty is at stake should you not take pragmatic steps to secure that?”
Her Ladyship Getrude Torkornor also quizzed the lawyers. Her Ladyship accordingly advised the lawyers to “think through this and just do the pragmatic thing”.
The ‘Salad’ Application
Deputy Attorney General, Diana Asonaba-Dapaah, who led the charge of the state described the application as a salad. She said the AG was even unable to file a response to the application for the mixed nature of it.
“We did not file anything in response because a look at the application that has been served and the reliefs that have been served we think that in one breath they are seeking to invoke the supervisory jurisdiction of the Supreme Court, and in another breath, they are seeking to invoke the court’s original jurisdiction”.
President of the Court, His Lordship Jones Dotse pointed out that “Your 2nd and 3rd Reliefs are problematic for you”.
His Lordship consequently noted that “What you have come for, with respect, you cannot succeed much as we sympathize with your client”.
Bail Application
It became apparent that the Apex Court was contemplating the grant of bail to Oliver Barker Vormawor. The Attorney-General however argued against such an order saying the Court would be setting a bad precedent if it made any such orders.
Miss Diana Asonoba-Dapaah told the Court that the AG was very much opposed to a bail granted by the Supreme Court but may not be opposed to the idea of bail if the application is made at the appropriate forum, i.e, the High Court.
The apex court also observed that in situations like this where the liberty of the individual is at stake, the AG also had the responsibility to so advise on how to protect the same.
Taking a cue from the Bench, Dr. Justice Srem Sai withdrew the application.
African Editors gathers that the lawyers will work on filing fresh bail application before the High Court by Friday.
Advice to Vormawor on behaviour in court
Meanwhile, their Lordships have urged lawyers for Oliver Barker-Vormawor to advise the activist over his utterances.
“While working on this application also advise your client to be mindful of his utterances”.
The Cambridge University Researcher Barker-Vormawor is alleged to have thrown caution to the wind during last proceedings at Ashaiman District Court questioning legality of the Magistrate’s handling of the matter when she new that she had no jurisdiction, compelling the court to throw him out of the courtroom.
Bench
His Lordship Jones Dotse as President
His Lordship, Nene Amegatcher
His Lordship, Prof. Ashie Kotei
Her Ladyship Getrude Torkonoo
His Lordship, Yoni Kulendi
Source: africaneditors.com
