It was a four-three verdict delivered by the jury constituted to hear the case of Gregory Afoko and Asabka Alange on murder charges brought up against them by the Republic.
However, while the jury unanimously found Asabka Alange, second accused (A2), guilty on the offence of conspiracy to commit murder, the same fate was not pronounced on Gregory Afoko (A1).
This, therefore, means that in Afoko’s case there was a hung jury, which, by law [in section of Act 29], requires the case to start afresh.
Hitherto, Asabka Alange, per the verdict of the jury, was sentenced to hanging by the trial court, presided over by Justice Afua Merley Wood, a Court of Appeal Judge with additional responsibility of the High Court.
Counsel for Afoko pleaded with the court to temper justice with mercy, but the prosecution rebutted that the court’s hands were tied, as the law was clear that the punishment for conspiracy to commit murder was the same for murder.
The prosecution, led by Hilda Craig, therefore, proceeded to state that the punishment for conspiracy to commit murder was death and that there was no lesser punishment.
Nevertheless, the shivering Asabka Alange, who, prior to the pronouncement of the verdict his sweat was dripping on the floor, where sat, maintained his plea as not guilty when called to give his last words on the matter.
In respect of Afoko’s case, the Judge indicated that the matter would be referred to the Attorney-General’s office for the jury to be reconstituted, since the case would go for re-trial.
She explained that, per the law, when a jury is discharged, the accused shall be remanded on bail till a new jury is constituted.
Therefore, Afoko’s fate still hangs in limbo, as his second trial could not bring a conclusive end to the case that has been traveling since 2015, when the Chairman in the Upper East Region of the New Patriotic Party (NPP), Adams Mahama, was murdered through an acid bath.
The court, before charging the jury to give its verdict on the matter, took its members through memory lane on the various testimonies given by the 16 witnesses called by the prosecution.
Five of the witnesses, including the deceased’s wife, said the late Adams Mahama claimed that his assailants were Gregory Afoko and Asabka Alange.
The court identified contradictions in the accused and convict’s evidence, as well as the witnesses.
The court started sitting at exactly 10:37am, and after 2:37pm it finished reading the nitty-gritty of the case, as well as taking time to explain various legal terminologies, such as conspiracy, murder, and circumstantial among others, but the verdict was delivered by the jury.
She explained that Adams Mahama was dead, and died through harm.
Referring to evidence adduced before the court, she stated that on the day of the incident, the deceased was at a meeting at a hotel, which ended between 10:00pm and 11:00pm.
Zinabu Adams, wife of the deceased, was first to attend to the deceased amidst the latter screaming for help, and witnessed her late husband’s skin peeling off.
In chronological order, the court presented a summary of each witness’ evidence.
Portions of the prosecution witnesses’ (PW) evidence… particularly that of PW2, was that when he got to the crime scene, he saw that a substance had been sprinkled on the deceased’s car seat, which had melted to the metal, and the dashboard was also melting.
The deceased’s clothes had been removed and a piece of cloth tied around his waist.
PW2 said that at the hospital, the deceased, upon seeing him, sat on the bed and narrated the incident to him, including proceeds from a contract he did at Burkina Faso, and that money should be given to his wife.
The deceased allegedly charged PW2 to help his wife to take care of his children.
PW3’s account was that he was invited to a meeting inspired by Gregory Afoko to form a youth wing of the party in the Upper East Region to welcome Paul Afoko, but the meeting came to a close without settling on what name to call the group.
PW4 said he was introduced to Gregory Afoko by Asabka Alange and was part of the meeting called by Afoko.
He also joined the drink-up at Lovers Inn, where Gregory and Asabka Alange were present.
PW4 told the court that they left Lovers Inn after 10:00pm still discussing what name they should christine their youth wing.
According to him, the meeting, which was over some bottles of drink, took about three hours before the accused and the convict left together on a motorbike belonging to Gregory.
PW5 also said when she got to the scene the deceased was rolling on the floor naked so his wife took her cloth off to cover him.
She said the deceased, while being transported to the hospital, recited Koranic verses, and she also joined him.
PW5 said the deceased, on his hospital bed, lifted himself a bit and threw up, adding the late Adams mentioned Gregory and Asabka as his assailants.
However, he could not tell whether the doctors and nurses attending to the patient heard the deceased making those claims.
PW6 also told the court that Gregory had complained to him about a confrontation between his brother Paul Afoko and the deceased, which one occurred during Paul’s election as the National chair and when he visited the region.
PW6 stated that Gregory threatened to show late Adams Mahama but he tried to intervene since the deceased was the regional chairman.
PW6 also denied the assertion that Gregory claimed he did not even know him, much more to have had any discussion or whatsoever with him.
PW7 also explained how the wife of the deceased sustained wounds on her right hand and breast while assisting her husband out of his vehicle that he was attacked in.
PW8 told the court that her husband told her that some boys poured the acid on him. She indicated that the deceased was wearing a pair of jeans trousers and a tie and dye shirt on the day of the incident.
She further testified that the deceased, at the hospital, told her that if he died it was Gregory Afoko and Asabka Alange who poured a substance on him.
PW8 collected from the scene the pair of jeans trousers, shoes, a gallon and the shredded shirt of the deceased into a polythene bag.
During cross-examination, PW8 couldn’t tell the time the deceased returned home.
She couldn’t tell whether the police spoke to the deceased or not.
PW10 testified that when the investigators visited the crime scene, they discovered that the deceased’s vehicle was facing the direction of Bolgatanga, its inside and headlights were on, and the two front seats were stained by a liquid.
At the hospital, PW10 said, they met PW1 who told them that the deceased’s condition was not improving and had been moved from the emergency ward to the intensive care unit.
PW11 was an officer from the Ghana Standard Authority (GSA) who testified that the liquid substance poured on the deceased was an acid, but couldn’t tell during cross-examination how it was obtained and transported to Accra for it to be tested.
Pw12 told the court the deceased was burnt on the upper part of his body.
He said, during his visit to the hospital, he didn’t speak to the deceased or did he meet any of his relatives.
PW13 said when they (police) went to Asabka Alange house, his wife said he had stepped out, however, she gave the convict’s contact number to them to reach him.
The convict was said to have informed the police that he was on his way to the Regional Police Station. However, when the law enforcement officers reached there, he was nowhere to be found.
When the police went back to his house, they found out that Asabka’s wife was nowhere to be found, and had left two of her children on a mat.
PW13 said not long after the children were taken out of the house by a mob which set the house ablaze.
PW14 was the medical doctor who examined Gregory Afoko and said two wounds were found on the accused – one on his toe and other below his knees.
He said the wound on the toe was almost healed, but the ulcer below the accused’s knees could be caused by a burn from heat or a chemical.
PW15 said PW8 gave him a black polythene bag which he handed over to PW12.
He also said when Gregory was told of the death of Adams Mahama, he didn’t show any emotion.
According to him, Gregory rather charged them to arrest the deceased instead, because he had an unregistered gun.
PW15 added that they didn’t speak to the deceased or the doctor attending to him.
