Abraham Amaliba, the Director of Legal Affairs for the opposition National Democratic Congress (NDC), has raised concerns about the High Court’s ruling to conduct the perjury and forgery trial of James Gyakye Quayson on a day-to-day basis.
During an interview on JoyFM’s Top Story, Amaliba referred to Article 19 of the constitution, emphasizing the importance of allowing defendants and their legal representatives sufficient time to prepare and present a defense during the trial process.
He questioned the practicality of imposing daily hearings on the accused, as it limits the ability of defense lawyers to consult, strategize, and adequately prepare for each proceeding. Amaliba stated, “If you impose daily hearings on the accused person, when will his lawyers retire, and then have consultations as well as the briefing, and then plan for the next day?”
Amaliba also highlighted the impending Assin North by-election, scheduled to take place in approximately one week. He argued that it is unfair for the court to approve a daily trial schedule when Quayson, as the accused, needs to be present in the constituency to campaign for the upcoming election.
The NDC’s Director of Legal Affairs stressed that engaging in democratic practices, such as election campaigns, should be considered national assignments under the constitution. He expressed concern over the accused having to appear in court every day when, in less than five days, he would be standing for election, deeming it an unjust arrangement.
Amaliba further criticized the Attorney-General for prioritizing the daily trial, suggesting that there are other cases that require greater urgency and attention. He questioned why those cases have not received similar treatment.
Amidst the ongoing legal proceedings, Amaliba’s remarks shed light on the potential implications of conducting the trial on a day-to-day basis, highlighting the need for fairness, adequate preparation, and consideration of the upcoming by-election.
“There’s nothing more important than when a person’s conduct has led to the deaths of Ghanaians, people losing their jobs and people losing their money. I’m talking about NAM1 (Nana Appiah Mensah). If you ask the people of Ghana today, they should vote for which of the two should have that trial, I’m sure you know that Ghanaians will go for NAM1.”
This comes after the High Court last week ruled that the perjury and forgery trial of James Gyakye Quayson will be heard on a day-to-day basis starting Tuesday, June 20, 2023.
Despite the protest of his lawyers, the Attorney General argued that it is in the interest of justice for the matter to be expeditious.
The court agreed with this view and fixed the hearing for June 20 to June 23.
But, the lawyers for Mr Quayson, on June 20, filed processes urging the court to review this decision.
Mr Tsikata on Tuesday urged the court to adjourn proceedings to June 28 to afford him ample time to campaign.
Deputy Attorney General, Alfred Tuah Yeboah told the court his office had not been served with the court processes. He asked that the trial continues and that the arguments against the day-to-day hearing can be dealt with on Wednesday.
This did not sit well with Mr. Tsikata who pointed out that they had serious reservations about how the AG’s office was handling the case.