Oliver Barker’s case: Lawyers file fresh application to secure bail
This comes days after being advised on the same by a 5-member panel of the Supreme Court.
Lawyers for the convener of the #FixThe Country Movement, Oliver Barker-Vormawor have filed an application at the Tema High Court seeking bail for their client.
This comes days after being advised on the same by a 5-member panel of the Supreme Court.
On Wednesday, March 2, 2022, 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 wondered why lawyers for #Fix The Country Convener, Oliver Barker-Vormawor failed to rather make an application at the High Court for their client’s bail instead of coming to the apex court.
A member of the SC constituted panel, Justice Yoni Kulendi indicated to the lawyers for the accused that their priorities are mixed because even though they have the liberty of their client at stake, they appear at the apex court to interpret the constitution per their mixed application.
It was after the above that another member of the panel, Justice Gertrude Torkonoo questioned the Lawyers whether the time was ripe for the intellectual exercise they were embarking on and added if they should rather not be taking a pragmatic approach to get their client released?
On Tuesday, March 1, 2022, lawyers for the convener of #FixThe Country Movement, Oliver Barker Vormawor filed a writ against the Inspector General of Police and the Attorney General at the Supreme Court.
They were are praying the apex court to rule on the decision of the prosecution to put their client before a court with no jurisdiction to grant bail.
Additionally, they argued that the February 17, 2022 ruling of the High Court in Tema entails a grave error of law.
They were therefore seeking inter alia an order of certiorari directed to the Tema High Court ‘B” relative to its February 17, 2022 ruling issued under the hand of His Lordship Justice Daniel Mensah, which refused to issue a writ of Habeas in respect of the detained.
Additionally, they wanted the Supreme Court to give an interpretation of Article 14(3) of the 1992 Constitution, 1992 on whether the police have discharged their duty by sending a person they have restricted, arrested, or detained to a court that has no jurisdiction to consider an application for bail in respect of the same.
In Court on Wednesday, March 2, 2022, the Supreme Court panel however described the application by Vormawor’s lawyers as problematic in that they are seeking to invoke the Court’s Supervisory and interpretative jurisdictions at the same time.
Prior to going to the Supreme Court, Lawyers for Oliver Barker had tried to secure bail for their client at the Ashaiman District Court, where he was first arraigned.
However, The court presided over by Her Honour Eleanor Barnes noted that it did not have the jurisdiction to grant bail to the accused per the nature of the offense thus remanding him to police custody.
Subsequently, Oliver’s legal team filed a writ of Habeas Corpus at the Tema High Court where the presiding Judge, Justice Daniel Mensah, noted that in as much as the accused had been presented before a District Court and denied bail, the writ should fail.
Background
Oliver has been charged with Teasn 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.
The current bail application is expected to be heard by the court on Thursday, March 10, 2022.
