The High Court in Accra has postponed the hearing of Salomey Awity Baffoe’s bail application to September 24 after the Attorney General’s Office requested additional time to respond to the defence’s application.
Addressing the media after the proceedings in court, Honourable Nana Agyei Baffour Awuah, counsel for Baffoe, criticised the State’s failure to file an affidavit in opposition despite having received the application several days earlier.
The defence lawyer questioned the purpose of sending a representative to court without the necessary process, particularly given that the case involves the liberty of a mother of three minor children. Honourable Awuah noted that the circumstances surrounding Baffoe’s arrest and detention makes the matter one requiring urgency, especially because her three children, including her youngest who is four years old, were present when she was taken away at night.
“We were thinking that the Attorney General would attend upon this matter with some sense of urgency. The urgency respectfully in this matter wouldn’t have been just on our part, but the Attorney General would side with us.”
Honourable Nana Agyei Baffour Awuah
He explained that the defence expected the Attorney General’s Office to assist the court by filing its response so that the bail request could be determined without unnecessary delay. The prosecution, however, informed the court that the application was served on the office on Friday and that the lawyer appearing was not the substantive attorney assigned to the case.
The State further relied on the public holiday on Monday and the absence of sufficient time for the application to be assigned and reviewed before seeking a short adjournment. Honourable Awuah rejected that justification, arguing that an application concerning personal liberty should not be handled as though it were an ordinary civil process subject to the same considerations on service.
“The Attorney General only came to court today to inform the court that as a result of his own internal arrangement, he failed to file an affidavit in opposition. And this is very sad.”
Honourable Nana Agyei Baffour Awuah
Nevertheless, the defence agreed to the adjournment after the court considered the circumstances and proposed that the State be allowed to return with its response. The court subsequently moved the bail hearing to September 24, when the prosecution is expected to present any processes it intends to rely on.
Kpebu Questions AG’s Handling Of Baffoe Bail Application
Legal Practitioner Martin Kpebu also criticised the Attorney General’s Office over its handling of the bail application filed for Salomey Awity Baffoe, describing the delay in responding to the application as a setback for the protection of personal liberties.
Mr Kpebu’s comments follows the High Court’s decision to defer the bail hearing after the State requested more time to prepare its response to the application.
The lawyer questioned why an application served on the Attorney General’s Office on Friday could not be adequately prepared for hearing by Wednesday, particularly when the matter directly concerns the detention of an accused person.
He rejected the explanation that the intervening weekend and Monday’s public holiday prevented the State from taking steps on the application, arguing that proceedings involving personal liberty require a different level of urgency.
“A complete retrogression in our fight for personal liberties. Somebody who is in custody, you were served on Friday, you come to court on Wednesday to tell the court that you didn’t get enough time.”
Martin Kepbu
Referencing previous decisions of the Supreme Court, Mr Kpebu pointed to the judiciary’s emphasis on the importance of protecting the liberty of individuals who come before the courts. He specifically cited Kpebu No. 4 v Attorney-General (No. 4), which he noted has underscored the value attached to personal liberty in determining matters before the courts.
According to the legal practitioner, the explanation that the State had been short-served did not adequately account for the period available to the Attorney General’s Office before the hearing. He further argued that the office could have taken procedural steps during the period when the application was pending, including seeking an earlier hearing if it believes additional time is required.
“In any event, you check, there are several Supreme Court decisions where the Supreme Court has warned the Attorney General… that office needs proper reforms. It’s been one too many mistakes.”
Martin Kpebu
Mr Kpebu stressed that the issue should not be personalised against the Attorney General, Dr Dominic Ayine, but considered in relation to the institutional functioning of the Attorney General’s Office. His remarks supported the defence’s objection to the prosecution’s request for additional time, with counsel Nana Agyei Baffour Awuah.
Mr Kpebu indicated that he intends to formally communicate his concerns to the Attorney General, particularly on the need for institutional changes in how applications affecting personal liberty are handled.
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