The Kaneshie District Court has remanded Assistant Commissioner of Police (ACP), Benjamin Agordzor into the Bureau of National Investigations’ custody for his alleged involvement in a plot to destabilize government.
This is to allow the Court presided over by Mrs Eleanor Kakra Barnes-Botchway to rule on a preliminary objection raised by the defence on the constitutionality of the process as well as a counter argument by the prosecution.
The matter had been adjourned to Friday, November 8.
The Court directed that lawyers of the accused should have access to him between 0900 hours and 1600 hours and that their privacy must be upheld.
The charges were not read in court neither the facts.
The Defence counsel was made up of Mr Issah Adams leader, Mr Martin Kpebu and Miss Hamdiya Mohammed.
The defence team argued that it had not been served with any bill of indictment and hence were not in Court for committal proceedings.
The defence again argued that their client, Dr Agordzor cannot be referred to as an accused person because the prosecution only cautioned him and had not charged him yet.
Miss Mohammed prayed the Court to seek constitutional interpretation at the Supreme Court on the issues raised by the defence because the Court has no jurisdiction over the matter.
Miss Mohammed said the prosecution intentionally brought him to the court knowing that the district court has no jurisdiction to grant him bail, adding that it was an attempt by the prosecution to delay the “suspect”.
She said the fact that it was done in the past did not mean it was the right procedure to follow.
Assistant Superintendent of Police (ASP) Sylvester Asare in a rebuttal said the suspect was arraigned as stipulated by the law as well as properly charged.
He said the Court is one of first instance on matters relating to indictable offenses and that investigations were on going and far advanced, and soon the State would commence committal proceedings, and thus, prayed the Court to remand the accused to assist in the investigations.
ASP Asare said “We object invitation by defence for court to decline jurisdiction, the submission by defence is merely to frustrate justice”.
He said a bail application would be premature for the accused and suggested that since defence knows how to apply for bail in such matters, it should use the appropriate channel for it at the High Court.
ACP Agordzor together with Dr Frederick Yao Mac Palm, Colonel Samuel Kodzo Gameli, Warrant Officer II (WO2) Esther Saan Dekuwine, Corporal Seidu Abubakar, Lance Corporal Solomon Ali, Lance Corporal Sylvester Akanpewon, Lance Corporal Albert Baba Ibrahim and Lance Corporal Godwin Nii Ankrak have been charged with acts intended to destabilised the government.
The other suspects are Donyo Kafui, also known as Ezor, a blacksmith, Bright Alan Debrah, a fleet manager, Gershon Akpan, a weapons mechanic at the Ghana Armed Forces.