The lawyers, led by Martin Kpebu asked the court to allow their client to go home after state prosecutors had withdrawn the charge sheet on which he was being held.
Their application was objected to by the prosecutor, ASP Sylvester Asare who described the argument by the defense as not founded on law.
ASP Asare further argued that the substitution of the charge sheet was only to consolidate the two cases having to do with the alleged coup plot and not an acquittal.
The Magistrate Eleanor Kakra Bans Botwe in her ruling said conventions and law do not show that prosecution has committed any wrong. The decision paved the way for a new charge sheet to be presented and the cases consolidated.
The accused will still face the charges of treason felony and abetment to commit crime, namely treason felony.
They were further remanded in police and military custody till the 4th of December.
High Court denies accused persons bail
Last week, the High Court dismissed a bail application by the seven accused persons facing trial for their alleged plot to topple the government.
According to the Judge, Justice George Buadi, none of the accused persons had been detained beyond two months and their arrest and detention are not arbitrary or unlawful.
He further added that the accused persons have the capacity to interfere with investigations if released.
The Judge cited an example of how Junior Officers managed to stage a coup in the country.
The nine persons, three civilians, and six military personnel are facing charges of treason felony and conspiracy to commit treason felony.
Key interrogation
The former Director of the Transformation Office of the Ghana Police Service, ACP Dr. Benjamin Agordzo is also facing trial over the alleged plot.
The BNI and National Security operations confirmed that former Executive Secretary at the office of the IGP, Superintendent Peter Toobu Lanchene has also been invited for questioning.
Supt. Toobu, who is the NDC parliamentary candidate for Wa West Constituency in the Upper West Region also worked in the office of former IGP, David Asante-Apeatu.
COP Nathan Kofi Boakye, has also been interrogated in connection with the development.
Already, some nine persons including Dr. Frederick Yao Mac-Palm, who’s believed to be the lead mastermind, have been charged for treason felony and are standing trial. Read Full Story
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