Kennedy Agyapong files process at Supreme Court to halt contempt case

An Accra high court had said it was going to continue with the contempt case against Agyapong but later decided to take an adjournment

Ghana News Agency (Accra) – Lawyers for Kennedy Agyapong, the MP for Assin Central, have filed a judicial review application at the Supreme Court to halt the contempt case against him by an Accra high court.

This application is asking the Supreme Court to halt the contempt proceedings at the high court and set aside the contempt charge levelled against him.

Kwame Gyan, lead counsel for Agyapong, told the court: “The application has been duly filed and service has been effected and My Lord, we have evidence in the form of proof of service on the Judicial Secretary and the head office.”

The return date for the application before the Supreme Cour is Tuesday 13 October 2020t.

“In the circumstances, we are praying Your Lordship to grant us an adjournment so we could pursue the matter which is now pending before the highest appellate court of the land,” Gyan said.

Case to continue

Justice Amos Wuntah Wuni dismissed the request, saying that nothing barred his court from proceeding with the matter.

“This court is however fortified in the continuing proceedings by the decision of the Supreme Court in the case of Republic versus Fast-Track High Court ex parte Daniel, where His Lordship Professor Kludze JSC stated ex-cathedra that a motion for an order of prohibition does not come within the ambit of 130 (2) and the fast-track high court is perfectly within the law to continue with its proceedings until and unless there is an order from a higher court,” Justice Wuni said.

“That being the case, this court will continue with proceedings until so ordered to suspend.”

Gyan told the judge he disagreed with the decision.

Justice Wuni then decided that he would adjourn the case to take further legal arguments from Agyapong’s legal team on Friday 25 September.

Contempt charges

Agyapong is alleged to have made statements deemed contemptuous in the case, involving a land disputel in which Susan Bandoh and Christopher Akuetteh Kotei had sued him (Agyapong) and three other parties – Ibrahim Jaja, Nana Yaw Duodu (aka Sledge) and the Inspector General of Police.

While the case was still pending, the court’s attention was drawn to a television programme (NET2 TV) and radio show (Oman FM) which allegedly aired on 2 September this year, in which Agyapong was said to have “scandalised and threatened” the court.

A court order of 9 September, signed by Justice Wuni, said: “I hereby summon the said Kennedy Ohene Agyapong, per a warrant issued under my hand and seal, to appear before the High Court (Land Court 12) on Monday, 14 September 2020 at 10:00 hours to show cause why he should not be severely punished for contempt if the matters are proven against him to the satisfaction of the court.”

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