The Deputy Attorney-General, Dr Justice Srem Sai, has urged the Criminal Division “4” of the High Court in Accra to proceed to convict the Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, for allegedly failing to file a defence or call witnesses in an ongoing criminal trial.
The request was made on Monday, before the court, presided over by Her Honour Audrey Kocuvie-Tay.
According to the prosecution, the accused persons had repeatedly failed to comply with court orders directing them to file witness statements.
“Having refused to file a defence or call a witness, there is only one path left for the court, namely to proceed to convict,” Dr Srem Sai submitted.
Counsel for the first accused, led by Ohene Gyan and Andy Appiah-Kubi opposed the application, informing the court that a repeat application for stay of proceedings had been filed at the Court of Appeal, following the dismissal of an earlier motion.
The defence argued that the development had been brought to the attention of the High Court Registry on April 16, 2026 and would impact the continuation of proceedings.
They further prayed the court to adjourn the case, pending the determination of the application at the appellate court, insisting that proceeding with the trial could undermine the accused persons’ constitutional rights.
Prosecution Alleges Delay Tactics
The prosecution, however, described the defence’s actions as a deliberate attempt to delay the trial.
Dr Srem Sai argued that while the accused persons were entitled to file a fresh application for stay at the Court of Appeal, they were not entitled to an automatic stay pending its determination.
He noted that the accused persons had breached court orders on two occasions by failing to file witness statements despite clear directives, adding that no sufficient explanation had been provided.
In her ruling, Justice Kocuvie-Tay held that although the accused persons were entitled to exercise their legal rights, due process must still be followed.
She stated that the filing of a repeat application for stay at the Court of Appeal did not prevent the High Court from continuing proceedings.
Citing precedent, including the case involving Cassiel Ato Forson, the judge explained that High Courts may proceed with cases while awaiting determinations from the appellate courts.
The court consequently ordered the accused persons to file their witness statements, if they so wished, on or before May 5, 2026 and adjourned the case management conference (CMC) to May 7, 2026.
The prosecution further requested the court to abridge the time for filing the witness statements to one week, citing the need for a speedy trial as enshrined in the Constitution.
However, the defence opposed the request, arguing that the timeline already set by the court was reasonable and necessary to allow adequate preparation, including securing statements from five intended witnesses.
The court maintained its earlier timeline, emphasizing the need to balance expeditious trial with the protection of the accused persons’ rights.
The case is expected to resume on May 7, 2026 for further case management proceedings.
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