An Accra High Court on Tuesday declined bail to Ben Lord Ababio, the self-acclaimed traditional ruler who allegedly gunned down a soldier over a disputed piece of land at Kasoa. 

The Court presided over by Kizita Naa Koowa Quarshie after listening to submissions of both defence and state arguments, declined bail based on her discretion. 

Ben Lord Ababio aka Nana Barima and one Nana Kofi Amo Gyekye aka Nana Fiifi, are standing trial for their involvement in the land dispute that allegedly led to the death of one Lance Corporal Michael Danso of the Ghana Armed Forces. 

Accomplices of the accused, one Oteng and Salisu, are said to be at large. 

On January 23, the High Court fixed Tuesday to hear the bail application put in by the lawyer for Ben Lord. 

Counsel for Ababio who moved for bail, pending trial argued that the grant or refusal of bail was grounded heavily on a number of human rights, including the right to personal liberty, the right to fair and adequate defence and the right to procure witnesses. 

The defence acknowledged that bail was at the discretion of the court, submitting that in exercising the discretion, the Court must consider the fundamental human rights of the accused. 

“It is our case that despite the perceived gravity of the nature of the offence, presumption of innocence still operates in his (the accused) favour and the grant of bail is an appropriate means of respecting and upholding that right.” 

Defence counsel stressed the need for the court to grant the accused bail to enable him to prepare adequately for his defence. 

According to counsel, the accused was not a flight risk, adding that they were ready for the imposition of any condition that the Court deemed necessary to secure his attendance to court. 

He said if his client were admitted to bail, he would always avail himself for trial. 

The State represented by Frederick Adu-Gyamfi, opposed the grant of bail to Ben Lord, saying their position was firmly grounded in Section 96 of Act 30. 

Mr Adu-Gyamfi contended that the accused would not appear to stand trial when granted bail. 

The State Attorney held that looking at “the violent nature” of the accused when he was granted bail, he was likely to commit further offences. 

“The accused person is a very notorious land guard in Kasoa and its environs. He is known as a very aggressive individual. Humbly, we believe that per his nature when given the least opportunity, he would commit further offences. 

“The accused committed this offence while on bail in another matter. The accused committed the offence of murder in no other place than a police station. 

Based on this, we have no reason to believe that evidence before the Court was overwhelming and when granted bail accused will not appear to stand trial,” the State Attorney submitted. 

The High Court has ordered the accused to remain in prison custody for two weeks. 

Ababio and Gyekye have been charged with conspiracy while Ababio is facing an additional charge of murder. 

Gyekye is on GH¢1 million bail with two sureties to be justified. 

On April 30, 2024, at around 1600 hours Lance Corporal Michael Danso and two other colleagues – Lance Corporal Abdul Omar Rahman and Ametus Mattew, drove to the Millenium City Police Station in a Toyota RAV 4 vehicle to report a trespass. 

This was after they were informed that some encroachers were developing a parcel of land belonging to Lance Corporal Abdul Omar Rahman. 

Ababio appeared at the Police station and opened fire on Lance Corporal Danso who was driving the vehicle, killing instantly. 

Ababio was disarmed by the Police and arrested for further investigations. 

Investigations led to the arrest of Gyekye.