Lawyers for the embattled National Chairman of the opposition National Democratic Congress (NDC) Samuel Ofosu Ampofo are set to move a motion seeking to stop the state from presenting a leaked audio recording as evidence in the trial.
The lawyers led by Tony Lithur have filed an application in the court arguing that Mr Ofosu Ampofo’s right to privacy has been breached.
Mr. Lithur had urged the court to put proceedings on hold and reminded the court of his application challenging how the audio evidence was procured.
Mr. Ofosu-Ampofo and the party’s Deputy Communications Officer, Anthony Kwaku Boahen, are facing three charges over an alleged leaked audio detailing strategies the NDC intends to use for 2020 election, one being the kidnapping of family members of political opponents and security operatives as well taking on some high profile personalities in the country.
Mr. Ampofo was also said to have incited some of his party’s supporters towards violent acts in apparent response to the violence that occurred during the Ayawaso West Wuogon by-election.
Mr Ofosu Ampofo as a result is standing trial for conspiracy to assault a public officer and conspiracy to cause harm after he was secretly recorded allegedly outlining plans to cause mayhem, a charge he has vehemently denied.
In the audio, Mr Ofosu Ampofo is allegedly heard inciting party communicators to assault public officials and plotting to harm some other civilians.
His lawyers has also filed another application at the Court of Appeal to halt the on-going trial at the High Court which is presided over by Justice Samuel Asiedu.
They are seeking to overturn Justice Asiedu’s decision that the charges against Mr Ofosu-Ampofo hold despite a push by his lawyers in June 2019 that it should be struck out.
Hearing continues on November 4, 2019.
It may be recalled that Ofosu Ampofo had earlier in July sought to halt the criminal proceedings against him at an Accra High Court but that case was dismissed.
A similar application by lawyers for a Deputy Communications Officer of the NDC, Kwaku Boahen, requesting for charges against their client to be struck out was dismissed by a High Court in Accra on July 8, 2019.
Mr. Boahen’s lawyers in their application insisted that the evidence filed by the prosecutors fails to satisfy the charge of conspiracy brought against their client.
But the court presided over by Justice Samuel Asiedu disagreed indicating that the court will not accept an invitation to assess evidence brought by the prosecution before its merits are even delved into.