Oliver Barker case : Lawyers to move application for bail today
According to the affidavit in support of the application signed by counsel, Dr. Justice Srem-Sai of the Praetorium Solicitors, the applicant notes that he has never been previously accused or charged with a criminal offence.
Lawyers for the convener of #FixTheCountry Movement, Oliver Barker Vormawor will today, Thursday, March 10, 2022, move an application at the Tema High Court to secure bail for their client.
On March 4, 2022, they filed an application for bail at the Tema High Court.
This came days after being advised on the same by a 5-member panel of the Supreme Court presided over by Justice Jones Dotse and consisted of Justice Nene Amegatcher, Justice Prof Nii Ashie Kotey, Justice Gertrude Torkornor, and Justice Emmanuel Yonni Kulendi who wondered why lawyers for #Fix The Country Convener had failed to rather make an application at the High Court for their client’s bail instead of coming to the apex court.
AFFIDAVIT IN SUPPORT
According to the affidavit in support of the motion, signed by counsel, Dr Justice Srem of the Praetorium Solicitors, the applicant, Oliver Vormawor notes among other things that he has never been previously accused or charged with a criminal offence.
Also, he indicates that he is prepared to cooperate with any investigations in respect of the accusation and to reappear to stand trial at any time.
Additionally, Oliver indicates that he has persons who are independent, of good character, and of sufficient means who are prepared to stand as sureties for him if the honourable Court exercises its discretion and grants him bail in such terms.
Moreover, he deposes that admitting him bail will enable him to prepare a defence to the accusation which has been levelled against him.
He notes further that he believes that this is a proper case where the Tema High Court ought to exercise its jurisdiction to grant him bail pending trial and to make any other order(s) which it deems fit.
AFFIDAVIT IN OPPOSITION
An Attorney of the Office of the Attorney-General, Anastacia Karimu disagrees and denies all averments contained in the applicant’s affidavit in support of the application and indicates her opposition to the motion for bail pending trial.
She notes further that per investigations, the applicant has since 2021 been inciting his social media followers to effect by an unlawful means the overthrow of the constitutionally elected government through a number of Social media posts.
Moreover, she states that the applicant’s conduct revealed a systematic pattern to incite his social media followers into accepting his endeavour to usurp the constitutional organs of Government.
Additionally, the Attorney notes that contrary to paragraph 7 of the applicant’s affidavit in support, evidence gathered so far by the police can sustain a charge of Treason felony.
Furthermore, she indicates that the applicant has not been cooperating with the police and that he had denied the Police access to his phone despite an order of the District Court.
Also, she states that the applicant has no fixed place of abode within Ghana thus making him a flight risk and per the nature of the offence and the punishment which conviction will entail, he is not likely to appear to stand trial if granted bail.
In addition, the Attorney notes that investigations are not yet concluded and by the applicant’s conduct, he has shown that he will interfere or hamper investigations if granted bail thus prays the court to refuse the application for bail pending trial.
Background
Oliver has been charged with Treason Felony after he was arrested on February 11, 2022, at the Kotoka International Airport upon his return to Ghana from the United Kingdom.
According to a February 12 post by the Ghana Police Service, Oliver was arrested by the “Tema Regional Command following a post he allegedly made on the social media platform to the effect that he would stage a coup himself if the E.Levy Bill is passed by Parliament.”
The Police further noted that the post by Oliver Barker-Vormawor 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.