The State on Tuesday moved a motion at the Supreme Court to quash the Fast Track High Court’s decision to grant Kennedy Ohene Agyapong, Member of Parliament for Assin North, bail over alleged statements made on an Accra-based radio station.
It filed an application for certiorari at the Supreme Court to invoke its jurisdiction to review the Fast Track High Court’s decision to grant the bail.
Agyapong has pleaded not guilty to treason, felony, attempted genocide and engaging in terrorist acts, and granted GH¢200,000 bail to be justified.
In addition, he was ordered by the court to sign a bond to be of good behavior until final determination of the case.
Mr. Kwame Amoako, Assistant State Attorney moving the motion contended that the High Court had assumed certain powers which it did not have in granting bail to the accused.
He said the High Court was not the appropriate forum to hear the case for the committal of the accused, and prayed the Supreme Court to quash the bail.
Mr. Ayikwei Otoo, Lead Counsel for Agyapong asked the Supreme Court to dismiss the application filed by the State since it was an abuse of the court process and waste of everybody’s time.
He said the State knew where to start the committal process and could have done it long ago.
The five-member panel, chaired by Professor Justice Kofi Date-Baah of the Supreme Court, was unhappy with the State’s decision to apply for certiorari instead of a nolle prosequi, which would have given the State the same effect, that is, the accused could be discharged and if the State wished re-arraigned.
However, Mr. Amoako explained that the decision by the State to file certiorari to invoke the Supreme Court’s power to quash the bail was the right step for the State.
The case was adjourned to July 4, for ruling.
The accused was arrested on Monday, April 16, after being invited by the Police Criminal Investigations Department over statements he allegedly made the previous Friday on his Accra-based radio station, Oman FM.
He was alleged to have “declared war” and vowed to lynch any fake security operative, following the alleged physical attack on Ms. Ursula Owusu, NPP Ablekuma South Parliamentary aspirant and Mr. Abu Jinapor, an aide to the NPP Flagbearer, Nana Addo Dankwa Akufo-Addo, at Tarzan, a registration centre at Odododiodoo in Accra.
The accused said he would organise supporters of the New Patriotic Party (NPP) to defend themselves because the police had failed to protect them.
On Wednesday, April 18, the Adjabeng Magistrate’s Court in Accra declined jurisdiction in the case of treason, treason felony and attempted genocide brought against the accused saying such crimes should be tried by the High Court.
Ms Patricia Quansah, presiding over the court said in a ruling after the prosecution had asked for the accused to be remanded that such cases were heard by three High Court judges.
She said the Chief Justice on June 17, 2008, released a circular to all judges stating that cases such as treason, murder, narcotics and rape, among other issues, were to be referred to the Chief Justice, who would in turn refer them to the court.
Ms. Quansah asked the prosecution led by Mr. Rexford Anthony Wiredu, Principal State Attorney, to refer the matter to the Chief Justice to determine which court should hear the case.**
Source: GhanaWeb
