Abu Trica
Frederick Kumi, aka Abu Trica, who is wanted in the United States (US) over an alleged $8 million romance scam, was rearrested yesterday by officers of the Narcotics Control Commission (NACOC) after exiting a High Court, despite being discharged by the Gbese District Court in Accra.
The young man, who is famed for flaunting bundles of cash and expensive cars on social media, was a subject of an extradition proceeding at the District Court as Ghanaian and United States authorities took steps to extradite him to the US to stand trial.
He was, however, discharged by the court yesterday after the Attorney General and Minister for Justice filed a notice of withdrawal of prosecution against him.
It was not immediately clear why the prosecution was withdrawn, but a source close to the issue says the Attorney General intends to re-file the case before the District Court.
Despite being discharged by the District Court, Abu Trica appeared before a High Court in handcuff, where his lawyers had filed an application for certiorari to strike out the proceedings before the lower court.
When the case was called, Deputy Attorney General, Dr. Justice Srem-Sai, informed the High Court that the Attorney General had withdrawn Abu Trica from prosecution in the court below, hence making the certiorari application moot.
Oliver Barker Vormawor, counsel for Abu Trica, disagreed while informing the court that the suspect remains “in the bosom” of the republic and brought before the honourable court in handcuff.
“The Attorney General has made an application that the process before the court has become moot. The applicant continues to be held by the republic and we think that the issues that arise and which are the subject of the application before this court, have a high probability of reoccurring and for which reason, for the jurisprudence of our court, we submit that the matter is not moot,” he argued.
He, therefore, urged the court to advise the parties to file written arguments for the certiorari application to be determined.
The Deputy Attorney General disagreed with the request, labeling it “unfounded and has no basis in law or in fact.”
Dr. Srem-Sai said the application before the court was based on a set of clear facts, and that the facts had completely changed.
“There is no law which says that an application for certiorari be granted on a matter which has become completely moot. We, therefore, pray my Lady to allow the natural consequence of the termination of prosecution to flow,” he added.
After a back and forth, Vormawor confirmed to the court that Abu Trica was indeed discharged by the Gbese District Court when they appeared before it yesterday morning.
The court, presided over by Justice Halimah El-Alawa Abdul-Baasit, subsequently struck out the application for being moot.
Abu Trica was immediately rearrested by officers of NACOC as soon as he stepped out of the courtroom, creating a momentary confusion on the corridors.
Meanwhile, the court has also struck out an application filed by Bernard Aidoo, who was charged alongside Abu Trica for conspiracy, after same had become moot following the decision by the Attorney General to discontinue the case against him.
One of the concerns raised by his lawyer during the proceeding was that the suspect was still in custody despite the withdrawal of the charges against him.
However, the Deputy Attorney General made an undertaking to inquire into that fact and ensure that the suspect, if he is indeed in custody as alleged by counsel, is discharged immediately.
BY Gibril Abdul Razak
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