The NDC National Chairman petitioned the court to strike out a supposed leaked tape of him not to be used as evidence in a trial against him.

His lawyers were seeking to have the charges of assault on public officers leveled against their client dismissed on the basis that the leaked audio tape, which is expected to be used by the prosecution as evidence,was obtained illegally.

It was the contention of the lawyers that the leaked tape infringed on Ampofo’s right to privacy as enshrined in Article 18(2) of the 1992 Constitution.

 The court, presided over by Justice Samuel Asiedu, dismissed the application, describing it as unmeritorious.

The presiding judge held that the application was not different from a similar application by Ampofo which was earlier dismissed by the court.

Justice Asiedu ruled that the prosecution had not started its case or presented any evidence for the court to determine whether or not that evidence was in violation of any law.

Samuel Ofosu Ampofo, NDC National Chairman
Samuel Ofosu Ampofo, NDC National Chairman

He said the only way that could be done was if the evidence was adduced in the trial.

“There is no merit in the application and the court will not honour the invitation to strike out the charges,” Justice Asiedu held.

Mr Ampofo is standing trial, together with Anthony Kwaku Boahen, a Deputy Communications Officer of the NDC, over an alleged leaked tape in which the NDC National Chairman allegedly incited violence against the Chairperson of the Electoral Commission (EC), Mrs Jean Mensa and the Chairman of the National Peace Council (NPC), Rev. Prof. Emmanuel Asante.