The applicants are seeking an order to quash proceedings initiated against them at a District Court.
The case, presided over by Justice Halima El-Alawa Abdul-Baasit, was adjourned to allow the prosecution to properly respond to the application and to enable the court to study the processes filed.
Presenting the facts, counsel for the respondent, Derick Ackah-Nyamike, told the court on Wednesday, January 21, that the Republic was served with the application for judicial review on January 15, 2026.
He said that after the filing of the application, the Republic filed a notice of withdrawal of prosecution at the District Court where the case originated.
“In effect, the application was moot,” he told the court, and prayed for an adjournment to enable the prosecution to respond properly to the application.
Counsel for the applicants, Oliver Barker-Vormawor, however, contended that despite the Republic’s stated intention to withdraw from the prosecution, the first applicant remained in custody.
He argued that the High Court had jurisdiction to discharge the accused persons, which he said formed the substance of the application.
The court observed that since no formal pronouncement had been made by the District Court on the notice of withdrawal, the prosecution could still be considered pending.
Background
Abu Trica and the two others became the subject of extradition proceedings following a request by United States authorities for their surrender to stand trial for alleged cyber-related offences.
At the previous sitting of the Gbese District Court, the case was adjourned to February 3, 2026, after the prosecution indicated that it required time to regularise processes relating to the extradition request.
The applicants subsequently filed the present application for certiorari, seeking to quash the District Court proceedings.
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