The Accra High Court has given notice to the second defendant in the Ofosu Ampofo case, Anthony Kwaku Boaeng, to give evidence if the former National Democratic Congress (NDC) president does not testify on the next adjournment date. .
This follows the failure of Mr. Samuel Ofosu Ampofo to appear in court to commence his defense as directed by the court.
One Samuel Ofosu Ampofo and one Anthony Kwaku Boahen are on trial for conspiracy to commit harm contrary to section 23(1) and section 69 of the Criminal Offenses Act 1960 (section 29 of the Act).
Samuel Ofosu Ampofo is also charged with two counts of assault on a public servant in contravention of section 205(a) of the Criminal Offenses Act.
The two accused were indicted in 2019 after a leaked audio tape involving them went viral. Samuel Ofosu-Ampofo is said to have outlined a roadmap of alleged activities aimed at causing mayhem.
The prosecution called three witnesses to provide evidence to prove the charges.
However, Mr Samuel Ofosu Ampofo has been out of the country for health reasons since last year since the court directed him to open his defence. But when the lawsuit was called, Samuel Ofosu-Ampofo’s lawyer said the defendant is still recovering from surgery and could return to action by mid-May.
Concerned about delays in the proceedings, the court directed the second defendant to open his defense in the absence of the former NDC chairman. However, the second defendant’s lawyers prayed to the court to adjourn and adjourn to a later date to allow the first defendant to testify.
In their view, this was because their client was charged with conspiracy in connection with the charges against Samuel Ofosu Ampofo. The court adjourned until May 30 for the first defendant to present his arguments, but warned the second defendant to do so if the first defendant was unable to attend.