Attorney General prays Supreme Court to quash bail for Kennedy Ohene Agyepong
5/23/2012 7:00:39 PM -
Accra, May 23, GNA - The Attorney General on Wednesday told an Accra Fast Track High Court that a motion of certiorari has been filed at the Supreme Court seeking to quash the bail granted to Kennedy Ohene Agyapong, Member of Parliament for Assin North, scheduled for June 19.
Mr Anthony Rexford Wiredu, Chief State Attorney told the court: 'The State has filed a motion of notice seeking judicial review on the bail on May 22, and requested that the court grant them three weeks adjournment.'
However, the court presided over by Mr Justice Charles Quist upheld the prayer of the prosecution and ruled that 'The application filed by the State is an interlocutory application and therefore, does not mean the proceedings before this court should stop'.
The court cited various applications to support its claim that it did not mean an automatic stay of proceedings but that in effect the court would continue to sit on the case while they go to the Supreme Court.
Subsequently, the matter was adjourned to July 6.
Mr Ayikoi Otoo, Defence Counsel for Agyapong said, 'This is a 'hohoduos' application and should not be entertained in this court'.
He prayed the court to discharged his client for want of prosecution since the prosecution was not ready.
Mr Otoo said this was the second time the accused had been brought before the court and the case had been adjourned.
'My Lord, we have before this court a charge sheet which was signed by Mr Wiredu and if they had made a mistake they should correct it'.
He therefore, reminded the court of the prosecution's position of not receiving the docket from the police which they had to study and requested the court to discharge his client for want of prosecution.
Mr Wiredu prayed the court for the defence counsel to exercise restraint, quoting the Chinese proverb 'A journey of a thousand miles begins with a step', which received an uproar from the court.
Agyapong who is facing charges of treason, felony, attempted genocide and engaging in terrorist acts, has pleaded not guilty.
Earlier, the court granted Agyapong GH¢200,000 bail to be justified and made him to sign a bond to be of good behaviour until the final determination of the case.
Agyapong was arrested on Monday, April 16, after he was invited by the Police Criminal Investigations Department over statements he made on an Accra-based radio station, Oman FM.
He was reported to have 'declared war' and vowed to lynch any fake security operative, following the alleged physical attack on Ms Ursula Owusu, New Patriotic Party's (NPP) Ablekuma South Parliamentary Aspirant, and Abu Jinapor, an aide to Nana Addo Dankwa Akufo-Addo the flag bearer the party, at Tarzan, a registration centre in Odododiodoo in Accra.
Agyapong was reported as saying he would organise supporters of the NPP to defend themselves because the police had failed to protect them.
A Magistrate's Court in Accra had declined jurisdiction in the case of 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 ordered that Agyapong be remanded, and that such cases were usually heard by three High Court judges.
She said the Chief Justice on June 17, 2008, issued 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.
Hence, Agyapong was taken to the Fast Track High Court to face the criminal aspect of the case.
The atmosphere at the court was calm with heavy armed police presence.