The court set April 30, 2024, as the deadline for the first witness to appear before it or the accused persons will be discharged and the case will be dismissed.
The court, in February, said, “If by April, no meaningful steps have been taken, Nyantakyi will be discharged.”
The accused’s lawyer hence prayed the court to dismiss the case, reminding the court of its earlier pronouncement of dismissing the case if the prosecution is not in court on April 30, 2024.
He cited the inconvenience caused by the second accused (Abdulai Alhassan), who has to travel from Tamale to Accra anytime the case is called and the inconvenience caused by the first accused (Kwesi Nyantakyi) by the state not opening their case as the basis for the case to “come to an end at a point in time.”
The court, however, said it had received two letters signed by the substantive attorney for the state all dated April 26, 2024, with both letters indicating the said counsel’s request for an adjournment due to her being called up for “an official assignment.”
The Court also recounted that, due to pending interlocutory appeals – one by the prosecution and another by Kwasi Nyantakyi in May 2023 about the mode of testimony of the Anas, the court was reluctant not to discharge the accused.
The Court stated that “if no meaningful steps were taken toward the appeal the accused would be discharged.”
“In addition, the prosecution was to call the other witnesses whose evidence would not be affected by the outcome of the decision to be taken by the court.
“It was further emphasized that the minimal role of each witness whose witness statement has been filed is to contribute to an element to be proven to the charges filed by the prosecution,” the Court said.
The case has been adjourned to June 10, 2024.