Supreme Court dismisses Attorney General's certiorari application
7/4/2012 7:01:24 PM -
Accra, July 4, GNA - The Supreme Court on Wednesday dismissed a certiorari application filed by the State to quash the Fast Track High Court's decision to grant bail to Kennedy Ohene Agyapong, NPP Member of Parliament for Assin North, over alleged statements made on an Accra-based radio station.
The court in a unanimous decision said it would only have granted the application for certiorari if there was no other remedy available to the State.
Agyapong is on trial for treason, felony, attempted genocide and engaging in terrorist acts.
He has pleaded not guilty to the charges and granted GH¢200,000 bail with a surety to be justified.
In addition, he was ordered by the court to sign a bond to be of good behaviour until final determination of the case.
The five-member panel, chaired by Professor Justice Kofi Date-Baah, said the State could have filed a nolle prosequi because that was an appropriate remedy readily available to them.
It therefore, directed the prosecution to return to the Fast Track High Court and correct the mistakes that they created themselves.
The court said the State went to the wrong forum and should therefore, not be asking the Supreme Court to bring him out of that forum.
Mr Ayikwei Otoo, lead counsel for Agyapong, expressed appreciation to the court for the ruling and prayed for an award of GH¢5,000 cost against the Attorney General but the court declined.
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, 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.