Kennedy Agyapong's writ of habeas corpus against IGP struck out
4/24/2012 5:00:23 PM -
Accra, April 24, GNA – The Human Rights Court on Tuesday struck out a writ of habeas corpus filed by the Member of Parliament for Assin North, Kennedy Ohene Agyapong, against the Inspector General of Police, Mr Paul Tawiah Quaye.
This follows an application on notice put in by Mr Andy Appiah- Kubi, one of the counsels of Agyapong praying for discontinuation of the case.
Counsel noted that after the application before the court, fresh charges were preferred against Agyapong, and therefore prayed the court to grant them leave to withdraw the writ of habeas corpus.
He apologised for the absence of Agyapong in court saying his (Agyapong) sugar level was high and was being managed by his doctors.
The court presided over by Mr Justice Kofi Essel Mensah obliged them and no cost was awarded.
The court had on April 19, granted Agyapong bail in the sum of GH¢200,000 on health grounds following a habeas corpus writ filed by his lawyers.
Mr Justice Essel Mensah said he used his discretion of court rules and provision of a medical report on the health condition of the MP, who is said to be diabetic in granting the bail.
It adjourned the matter to April 24 to enable the Inspector General of Police to justify the detention of Agyapong.
Later in the day, the MP was on the same day granted bail by the Fast Track High Court on charges of treason, felony, attempted genocide and engaging in terrorist acts.
He pleaded not guilty.
The court presided over by Mr Justice Charles Quist granted him bail in the sum of GH¢200,000 to be justified.
He was to sign a bond to be of good behaviour until the final determination of the case.
This is the second time on Thursday, April 19 that the MP was granted bail by two different High Courts.
Agyapong was arrested on Monday, April 16, after he was invited by the Police Criminal Investigations Department over statements he made last Friday on his Accra-based radio station, Oman FM.
He is reported 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 Candidate and Abu Jinapor, an aide to the party's flagbearer, Nana Addo Dankwa Akufo-Addo, at Tarzan, a registration centre in Odododiodoo in Accra.
The MP 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 Agyapong, saying such crimes should be tried by the High Court.
Ms Patricia Quansah, who presided over the court, said in a ruling after the prosecution had asked for the MP 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.
Hundreds of NPP supporters clad in party colours and red attire, jubilated when news of the court granting bail to the MP was broken.