The trial was expected to commence on Monday morning, May 20, 2024, after more than two years since the charges were brought against him.

Oliver Barker-Vormawor was arrested in February 2022 for making a post the state deemed treasonable on social media.

On April 29 this year, lawyers representing Oliver Barker-Vormawor filed an application challenging the constitutionality of the offense and also prayed to the High Court in Accra for the case to be referred to the Supreme Court.

In court on Monday, the sitting judge was expected to pass a ruling on those outstanding issues to make way for a possible trial. It however turned out that the state only responded to the April 27 application by Mr Barker-Vormawor’s lawyers this morning.

In an interview with JoyNews at the courthouse after the adjournment, Mr Barker-Vormawor could not hide his frustration.

“You continue to see the charade and what has happened so far. For them who paraded over 50 armed individuals and snipers, for those who believed that we were a threat to this republic, for so long they have not been able to match those words with the evidence that is required in this trial “Mr Barker-Vormawor fumed.

On social media, the activist has been vocal in his criticism of the state about the seeming delay in commencing the trial; a posture that some say could be inimical to his case.

Mr Barker-Vormawor however holds a different view. In the same interview with JoyNews, he described the state’s posturing as a “charade” and wondered why it has failed to promptly respond to the application to make way for the long-awaited trial.

“If they believe that we were intending to overthrow this government then they should show up in court and prove that to the everyday Ghanaian, “he argued.

He also questioned the kind of democracy that is being practised in Ghana and challenged the state to come forward with evidence to commence the trial.

The judge is expected to pass a ruling on the constitutionality of the offence and the issue of jurisdiction when it reconvenes on May 27 to make way for the trial to commence.

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He said he had been accused of sponsoring alleged plot to overthrow the government whereas the money he donated to support Take Action Ghana (TAG) was for medical outreach programmes. 

The accused person said this during his evidence-in-chief at the trial of the now nine persons accused of high treason. 

ACP Agordzo has been charged with eight others in the ongoing treason trial. 

He is facing the charge of abetment of crime to wit high treason, for allegedly donating GHC2,000.00 to TAG and drafting a speech for the alleged plot. 

The accused person said there were some other personalities, who also allegedly contributed towards TAG’s medical outreach, but they were not arrested. 

He, therefore, described the situation as “selective injustice”. 

ACP Agordzo also debunked alleged assertion that he had drafted a speech to be delivered after a successful coup.  

The Court heard that TAG’s demonstration was going to be peaceful, thus, he had even advised that a police permit be secured not to only notify, but also indicate the purpose, and number of persons embarking on the protest, and the need for police protection. 

That, he said, did not amount to abetment of crime. 

The accused told the court that with almost 36 years’ experience in the Ghana Police Service, he had served as the Director of Operations and Director of Transformation from 2015 to 2018 and worked with some think tanks, research and media organisations on election security and political vigilantes among others where he did a lot of presentations on topical issues relating to security, election violence and political vigilantism. 

The Court heard that on November 8, 2018, whilst undergoing a United Nations (UN) Pre-Deployment Training Course in Entebbe in Uganda enroute to Haiti for UN appointment, he (Accused) received a WhatsApp message from Dr Frederick Mac Palm (now deceased).  

The court was told that the deceased had gotten his contact from one Bethoven, a policeman, during which their conversation recalled ACP Agordzo’s lecture at the Institute of Democratic Governance (IDEG) in October 2018 and Mac-Palm (the deceased) lauded him for speaking truth to power. 

The court also heard that the deceased also mentioned Take Action Ghana (TAG), which according to him, was a Non-Governmental Organisation (NGO), he headed and enquired whether ACP Agordzo was interested in joining. 

“Another issue that came up for discussion between Dr Mac-Palm and I was whether we should have a TAG Security or TAG Police in the course of, which I used the expression start with a big bang, which has been twisted to fit into a predetermined fabricated agenda.”  

“Unfortunately, the prosecution team particularly PW13 who is also the police investigator presented the above harmless suggestion in a negative light as though the advice was meant for a violent overthrow of government.”  

ACP Agordzo said the NIB “erroneously attributed big bang to the alleged attempted coup and for the avoidance of doubt, I wish to state that the words were taken out of context because I used the words in reference to the proposed formation of various sub-groups such as TAG Security, TAG Sanitation and TAG Good Governance, among others to be out-doored to speak on various issues”.  

He said it was never in reference to any coup as prosecution seemed to suggest. 

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Colonel Gameli, one of the accused persons facing abetment of High treason charge, was caught playing audio of the Court’s proceedings whilst Court was in session.

Justice Afia Serwaa Asare-Botwe, President of the three-member­ panel court, whose voice was heard on the audio, called for a warrant officer to seize the cellular phone of Colonel Gameli.

He was then asked how long he had been recording and he confessed that since Wednesday, July 19, 2023.

Asked why he did that and whether he knew whether his action amounted to contempt of court, the accused person said he knew it was contempt, but he had to record the proceedings down for his lawyer, Mr Eric Senyo Pongo, who had not been around.

Justice Stephen Oppong, another Judge on the panel, enquired that had the Court not been telling the court users not to record the Court and Colonel agreed with him.

“Is it the first time your lawyer has been away, then why are you doing this now?” Justice Oppong further probed and Colonel Gameli answered that he did not know why.

That was when Justice Afia Serwaa said with Ghana’s history whereby some judges were martyred, producing and sharing judges’ photos, audio recordings and others with the public was unsafe.

“We don’t feel safe, I feel unsafe,” she added.

She asked why with his calibre, knowing the security implications of the act, would do that.

At the time when the Court was contemplating detaining him till the final determination of the case, Mr Victor Kwadjoga Adawudu, who stood in for Mr Pongo, pleaded with the court to temper justice with mercy because the Colonel was the only one among the accused persons who had not done anything to incur the wrath of the Court since the trial began.

Justice Afia Serwaa was certain it was not the first time the accused had done that, but Lawyer Adawudu insisted Colonel Gameli was remorseful and assured the Court that whatever was on his phone had been deleted.

“I am so scared right now, how are we supposed to know where he has shared the audio recording?” She questioned.

The phone was then handed over to an IT (Information Technology) expert of the JudicialService and after checking the phone, he informed the Court that nothing had been shared during that period.

Mr Adawudu, pleading for mitigation, said, “Forgive us our trespasses “

The Court after finding him guilty, asked him to sign the bond to be of good behaviour, adding that it should be a lesson to everyone in the courtroom.

Justice Afia Serwaa threatened to report the incident to the Chief Justice, adding that in the era of Artificial Intelligence (Al), just a sentence from someone could put him in trouble.

Justice Hafisata Amaleboba is the third Judge on the panel, and they are all Justices of the Court of Appeal with additional responsibilities as High Court judges

Colonel Gameli is standing trial with Donya Kafui, Bright Alan Debrah, Johannes Zikpi, WOlI Esther Saan Dek wine, Lance Airforce CorporalAli Solomon, Corporal Sylvester Akankpewu, Corporal Seidu Abubakar and Assistant Commissioner of Police Dr Benjamin Kwasi Agordzo.

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This, he says, is part of government’s strategy to detract attention from the economic mess it has plunged the people of Ghana into.

The Criminal Court division of the High Court yet again adjourned the case involving the activist to 21st October to hear an application filed by lawyers of the accused to quash the bill of indictment.

The Ashiaman District Court presided over by Eleanor Kakra Barnes Botwe committed the youth activist to trial on August 2, with the full trial expected at the time to commence in September.

The #FixTheCountry convener was charged with treason felony after he made comments on social media that have been deemed to be a coup threat by the State.

Speaking to JoyNews’ Kwaku Asante after the court adjournment, Barker Vormawor said the state is not interested in justice and the rights of citizens.

“Questions of treason are serious business. There’s no greater [I suppose] offence that a person can be charged within a democratic setting than the idea of seeking to overthrow the government.

“It would appear to me that for a government that is facing enormous economic difficulties and would want to detract from that, and that they would want to continue to prolong this process for as long as it detracts people’s attention”, he said.

He continued that “suppose that I was the Attorney General and this was a matter of real concern to the national security interest of the country, I won’t be delaying a case from February till now and continuously refuse to show up in court.

“Indeed, today when they showed up in court they had failed to respond to the application that has been filed.

“This does not smack of a state interested in justice, it doesn’t show concern for the rights of citizens. And we have said from the very beginning that the whole process is intended to embarrass the court system.”

The Criminal Court 3 of the High Court will reconvene on October 21st where lawyers for Oliver Barker-Vormawor led by Dr Justice Srem-Sai will argue their application to strike out the bill of indictment.

Justice Samuel K Asiedu, an Appeal Court Judge with additional responsibility as a High Court Judge said the Court had been advised that due to the rising cases of the pandemic, cases involving transporting accused persons from the prisons should be held up for the meantime.

He noted that trial would start on April 13, on condition that the situation improved dramatically, adding that by so doing, the lives of the inmates would not be endangered.

All the accused persons have met their bail conditions except Donyo Kafui, Johannes Zikpi, a civilian worker for the Ghana Armed Force, and Corporal Seidu Abubakar, soldier.

The trial was booked to start on Tuesday, February 16, after the jury was empanelled on January 21, 2021.

Meanwhile, Mr Victor Kwadjoga Adawudu, counsel for Donyo and Corporal Akanpewu prayed for the Court’s direction on an alibi (absent at the time of the crime) application he filed for his clients.

Prosecution team, led by Ms Winnifred Sarpong, Principal State Attorney, was charged by the Court to complete its investigations for Corporal Akanpewu as it (prosecution) had informed the Court that it had only completed that in respect of Donyo because it did not know that of Akanpewu.

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Counsel for Warrant Officer Class II (WO2) Esther Saan also appealed to the Court to vary the part of the bail conditions which compelled her to report every two days to the Military Commanding Officer to enable her perform the mother’s funeral rites in Wa as she was in custody when she died.

Ms Sarpong objected to the oral application and asked that counsel came with a formal one, which the Court agreed.

Prosecution had earlier told the Court that Dr Mac Palm is a medical doctor and the Director for the Citadel Hospital, Donyo, alias Ezor is a blacksmith, Debrah is a Freight Manager whereas WO2 Saan, Corporal Abubakar, Lance Corporal Ali and Sylvester Akanpewu are soldiers.

She said Colonel Kojo Gameli and Assistant Commissioner of Police (ACP) Benjamin Korsi Agordzo are senior military and police officers in that order. All the accused persons belong to “Take Action Ghana,” a Non-Governmental Organisation.

In June 2018, security agencies picked up intelligence of the group’s intension to overthrow government and usurp executive powers, thus, they had several meetings to that effect at the expense of Dr Mac Palm.

Prosecution named some of the issues discussed at the meetings as recruiting more soldiers, acquire arms, procurement electronic gadgets, on how to capture the President among some key personality in government as well as draw a road map.

Ms Craig said their discussions also included whether to kill the President, adding that all these were recorded.

She said the Zikpi, who is skilled in communication gadgets, was recruited by Colonel Gameli whilst Donyo was employed by Dr Mac Palm to manufacture arms, noting that Colonel Gameli also advised Dr Mac Palm to watch where they were meeting.

Donyo, she said, was brought to Accra from Alavanyo in the Volta Region, thus, he brought his tools to the Citadel Hospital to manufacture local arms and later Dr Mac Palm would procure more to augment his armoury.

Prosecution said investigations revealed that the group was incorporated in August 2018 and a WhatsApp platform was created to recruit members, where ACP Agorzo was added and he support them with GH¢1,000.00 and drafted a speech for Dr Mac Palm.

On September 19, 2019, Dr Mac Palm and Donyo went to the Military Shooting Range to test fire and they were arrested, after their release, they went to the Hospital to conceal the manufactured weapons but luck eluded them when the military and other security agencies stormed the place the next day, leading to their arrest.

The rest were also arrested and handed over to the NIB, formerly, BNI and a search at the Hospital revealed the weapons.