Former Attorney General Ayikoi Otoo is mocking the appeal procedures being adopted by the prosecution in the case involving Assin North Member of Parliament (MP) Kennedy Agyapong.
Agyapong was acquitted and discharged by a Circuit Court on charges of attempted treason only weeks ago but the state has proceeded to the Appeals Court to reverse the decision.
The state prosecutor Rexford Wiredu is convinced he could get the Appeals Court to rule in his favour and punish Kennedy Agyapong for his tribal comments and a declaration of war made in the heat of the 2012 general elections.
But Ayikoi Otoo, who is lawyer for Kennedy Agyapong, told Joy News the prosecution has failed already even before it could start the appeal process.
According to him, it is alien to the law for the prosecution to appeal a criminal case at the Appeals Court, when the Circuit Court has given its ruling.
The prosecution ought to have proceeded to the High Court, he lectured, explaining, it is only on civil matters that an appellant can go straight to the Appeals Court if he is not satisfied with the ruling from a Circuit Court.
Ayikoi Otoo alleged the only reason why the prosecution is embarking on appeal is because of political interference.
According to him, when he filed for no case at the Circuit Court, one of the arguments by the prosecution was that if the application of no case was granted, they would not have the opportunity to appeal.
He, therefore, finds it intriguing that the same state prosecutor has now proceeded to the Appeals Court for an appeal.
Having been an Attorney General before, Otoo said he is abreast of the kind of political pressures that are brought to bear on their operations.
He was convinced, however, that the appeal case against his client will fall again.
Source: GhanaWeb
