The Supreme Court has struck out the application to quash a ruling of the High Court B Tema, which declined to order the Inspector General of Police and the Attorney General to justify the continued detention of #FixTheCountry activist, Oliver Barker-Vormawor.
The court also advised Mr. Barker-Vormawor’s lawyers to immediately apply to the High Court for bail.
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 even 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 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 sympathise with your client”.
The application was filed by the brother of the activist, Elinam Philip Vormawor, and directed at the Inspector General of Police, Dr. George Akuffo Dampare, and the Attorney-General, Godfred Yeboa Dame.
His lawyers say they applied to the High Court on Wednesday, February 16, 2022, for the order after the Ashaiman District Magistrate Court declined jurisdiction in a bail application, without making any orders for Mr. Vormawor’s continuous detention by the Ashaiman Police.
Prior to Her Worship, Mrs. Eleanor Kakra Barnes-Botchway’s ruling, the lawyers say Mr. Vormawor had been detained between Friday, February 11, when he was arrested at the Kotoka International Airport, and Monday, February 14, when he was first presented before the Court without considering the question of his personal liberty.
They also say though, a charge sheet containing a charge of Treason Felony was read out to Mr. Vormawor at the District Court, his plea was not taken, neither was a bill of indictment presented to the Court.
The Application to the Supreme Court signed by Dr. Justice Srem-Sai Esq., and sighted by Citi News, says that High Court B held the continuous detention of Mr. Vormawor as lawful and that the police effectively discharged their duty when they presented Mr. Vormawor before the Ashaiman District Magistrate.
Mr. Barker-Vormawor was remanded into police custody for another two weeks after his appearance on Tuesday.
He will return to court on March 15, 2021.
During the hearing, Mr. Barker-Vormawor’ was walked out of the courtroom after his lawyer raised issues with the jurisdiction of the Ashaiman District Court to preside over a matter that bordered the personal liberty of his client.
– citinews
