Treason Felony case: Supreme Court denies Oliver Barker Certiorari application

The Supreme Court has dismissed a Certiorari application filed by convener for the FixTheCountry Movement, Oliver Barker Vormawor against a decision of the High Court sitting on a case of treason felony against him.

A 5-member panel presided over by Anin Yeboah(CJ), noted inter alia that the trial High Court acted within its jurisdiction by allowing the prosecution to amend the charges.

The trial High Court presided over by Justice Mary Maame Ekue Yanzuh had in November last year, permitted the state(prosecution) to amend the charges proffered against the accused, Oliver Barker Vormawor.

The accused thus invoked the jurisdiction of the apex court arguing among others per his counsel, Justice Srem Sai that the High Court was without Jurisdiction by allowing the state to amend its charges thereby bringing a new set of charges.

He added that even though his client is facing charges of treason felony, per the particulars of the offense, the charges of treason felony and High treason have been alleged simultaneously and thus prayed for the quashing of the bill of indictment.

OPPOSITION TO THE APPLICATION

On its part, the prosecution led by Hilda Craig, Principal State Attorney argued that the accused had not properly invoked the Jurisdiction of the court and that in such applications, the error complained of ought to be fundamental.

She added that the High Court was clothed with jurisdiction when it ruled that the prosecution should amend the charges.

Additionally, the prosecution indicated that the court only ordered the amendment of the part ‘advocating for the unlawful overthrow of the constitution.’

RULING

The apex court in its ruling further noted that an error committed by a High Court should not be a subject of certiorari but for an appeal at the Court of Appeal thereby dismissing the application.