Lawyers of Oliver Barker-Vormawor, who is standing trial for treason felony, have withdrawn their application for a judicial review at the Tema High Court following advice by a five-member panel of the Supreme Court.
President of the panel Justice Jones Dotse told counsel for the #FixTheCountry convenor to start the bail application for his client as advised by the District Magistrate.
The apex court was expected to hear the case seeking to overturn a Tema High Court ruling regarding the retention of Oliver Barker-Vormawor in police custody.
Led by Justice Srem Sai, the lawyers were praying the Court to exercise its discretion to “make an order of certiorari to issue to the High Court ‘B’, Tema, to bring up to this honourable Court to have quashed its ruling dated February 17, 2022, which was given under the hand of His Lordship, the judge, Justice Daniel Mensah, J., refusing to issue a writ of habeas corpus ad subjiciendum in respect of the Detained directed at the Respondents, their agents, assigns and workmen howsoever described or style”.
They also prayed the court to “give a true and proper interpretation of whether by sending a person they have restricted, arrested or detained to a court which has no jurisdiction to consider an application for bail in respect of the person who is restricted, arrested or detained, the Police have discharged their duty under Article 14(3) of the 1992 Constitution”.
They also want the Supreme Court to “issue a writ of habeas corpus ad subjiciendum in respect of the detained directed at the respondents, their agents, assigns and workmen howsoever described or styled”.
Lead counsel Srem Sai told the court that there was an error in the ruling of the Tema High Court.
But Justice Dotse noted that the procedure employed by the lawyers was inaccurate and needless, adding that the right forum for their application should have been an Appeals Court.
He noted that they should have applied for bail for their client as advised by the District Magistrate.
Lawyer Srem Sai admitted to the misstep and withdrew the application to which the court struck it out as withdrawn.