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Lawyers for Oliver Barker-Vormawor apply to High Court for bail

By : cd on 04 Mar 2022, 10:41     |     Source: citinewsroom

Lawyers for #FixTheCountry activist, Oliver Barker-Vormawor have filed an application for bail at the High Court in Tema.

The court has set Thursday, March 10, 2022, to hear the application.

A statement from the #FixTheCountryMovement said, “He [Oliver] has signed the affidavit in support of an application for bail at the High Court. The application has since been filed and will be heard on Thursday, March 10, 2022, at the Tema High Court.”

It suggested that while it believes that the police must take Oliver to a court of competent jurisdiction to ensure his personal liberty, the different courts have insisted contrary to the constitution, that, he must rather drag the police to a court with jurisdiction to ensure his right to liberty are upheld.

 

During the last court proceedings at the Supreme Court, 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 while 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
A Deputy Attorney General, Diana Asonaba-Dapaah, who led the charge of the State, described the application as a salad. She said the AG was 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 [and] we think that in one breath they are seeking to invoke the supervisory jurisdiction of the 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.