The court, presided over by Justice Samuel Asiedu, a Supreme Court judge sitting as an additional High Court judge, gave the order after it held that the prosecution had proved its case against the two, hence they ought to give their side of the story..
The order followed the court’s decision in applications for submission of no case filed by counsel for the accused persons filed in November last year after the prosecution closed its case, arguing that the prosecution failed to establish the allegations against the accused, hence they had no case to answer..
But the court in its ruling rejected the arguments of the defence lawyers and held that the prosecution had made a prima facie case against the accused persons, and subsequently ordered them to open their defence on February 10, 2023..
Ofosu-Ampofo and one of the party’s leading communicators, Anthony Kwaku Boahen, are on trial over the tape which captures how the opposition NDC is allegedly planning to commit crimes in the country and turn round to blame them on the ruling New Patriotic Party (NPP)..
The controversial tape which is the subject of the trial was tendered in evidence by the case investigator, Detective Chief Inspector Bernard Berko, in his evidence-in-chief by the Director of Public Prosecution (DPP), Yvonne Atakora-Obuobisa.
The leaked tape also detailed how the party would approach campaign strategies, including what he described as ‘overt’ and ‘covert’ operations in the wake of the disturbances that characterised the Ayawaso West Wuogon bye-election.
AlibiChief Inspector Berko also told the court that while the matter was in court, Kwaku Boahen pleaded an alibi that he was in Bomfa Achiase in the Ashanti Region on February 3, 2019, when the said meeting was held at the NDC headquarters in Accra.