Nana Agyei Baffour Awuah, the defence lawyer for the nurse standing trial for allegedly abetting the publication of false news in connection with the "Ghana Jollof" saga, has announced plans to appeal the High Court’s decision to decline bail for his client.

The Accra High Court refused an application for bail on Thursday, September 24, filed on behalf of Salomey Awiti Baffoe after the prosecution opposed her release, arguing that she was still needed to assist with ongoing investigations.

The defence has also indicated that it will petition the Chief Justice to allow the Court of Appeal to sit, where necessary, to deal with the matter concerning Ms Baffoe’s liberty.

The court, in its decision, held that the investigation was cyber-related and that releasing Ms Baffoe posed a real risk of interference with witnesses.

However, her defence lawyer has challenged the basis for the continued detention, arguing that the police charge sheet indicates that investigations concerning Ms Baffoe herself have been completed.

Speaking to the media after the ruling, Nana Agyei Baffour said the remaining investigations were focused on third parties allegedly involved in the redistribution of videos.

“Per the charge sheet, what is outstanding is rather the search for third parties who are alleged to have done the redistribution of the videos.”

Nana Agyei Baffour also questioned how Ms Baffoe could interfere with information when her mobile phones had already been seized by the police.

“In terms of deletion, how is Madam Salomey Awiti Baffoe in a position to delete information?”

He said the police had already taken possession of her phones and, according to statements made by the police, had accessed them and reached certain findings.

“Per her own assertion, they have already gone into her phone and have established or made certain findings.”

The defence, however, disputed the circumstances surrounding the alleged examination of the phone, arguing that if the police had accessed the device, it was done without the presence or knowledge of counsel or Ms Baffoe’s consent.

Although the lawyers said they respected the High Court’s decision, counsel maintained that the court had failed to adequately consider what he described as vital documentary evidence before it.

“What is obvious is that the court exercised its discretion without considering very vital materials before it.”

He said this was the reason the defence disagreed with the ruling and had decided to challenge it.

“That is why we disagree with the decision, even though we respect it.”

Nana Agyei Baffour said the family had instructed the legal team to take all necessary legal steps to secure Ms Baffoe’s liberty.

“I’ve been instructed by the family to proceed to ensure that the liberty of the mother of three minor children is secured.”

He confirmed that an appeal would be filed against the High Court’s decision.

“We are proceeding by filing an appeal against the decision of the High Court.”

Lawyers petition Chief Justice

In addition to filing the appeal, the defence intends to petition the Chief Justice to facilitate an expedited hearing before the Court of Appeal.

Nana Agyei Baffour said the petition would seek permission for the appellate court to sit where necessary, particularly given that the matter concerns the liberty of an individual.

He explained that the defence would seek the intervention of the Chief Justice in the same way that courts may, in exceptional circumstances, be allowed to sit during vacation to deal with urgent matters.

“We are also going to petition the Lord Chief Justice that, just as in exceptional or very exceptional circumstances, it allows the Supreme Court to even sit during vacations; once it concerns the liberty of a person, we are petitioning the Chief Justice to let the Court of Appeal sit.”

According to counsel, the defence wants the matter expedited once the necessary court record is transmitted.

He said the record was not expected to be voluminous and that the legal team would take steps to ensure the process moves quickly.

“We are going to make sure it is expedited because it’s not a voluminous record.”

Nana Agyei Baffour also highlighted the effect of Ms Baffoe’s detention on her three minor children.

He said the children continued to ask about the whereabouts of their mother, with particular concern over her 15-year-old child.

According to the lawyer, the teenager has remained at home and has not been able to join his peers in Form One as he transitions from basic education to secondary school.

The defence says the circumstances have reinforced its decision to pursue the appeal as quickly as possible.

“We are going to do everything within our power and our means and in accordance with the law to ensure that the liberty of Madam Salome Awiti Baffoe is secured.”

Counsel said the ultimate objective was to secure Ms Baffoe’s release and enable her to reunite with her three children.