Supreme Court Throws Out State's Application To Quash Proceedings
7/4/2012 8:01:03 PM -
The Supreme Court Wednesday threw out the state’s application which prayed it to quash proceedings at the lower court hearing the case against the Member of Parliament (MP) for Assin North, Kennedy Ohene Agyapong.
The state moved an application for an order of certiorari to quash all the proceedings in the matter before the High Court, presided over by Mr Justice Charles Quist, because, according to the state, the court lacked jurisdiction.
However, the Supreme Court ruled that the action filed by the Attorney-General (A-G) was “unnecessary and extremely odd” because the law empowered the A-G to file a nolle prosequi to discontinue the processes at the lower court.
It further maintained that the court only granted an application for certiorari when an applicant did not have any alternative to remedy a situation, but such was not the case in that instance, as the A-G reserved the right to discontinue the case against the MP.
The Assin North MP is facing three counts of treason felony, attempted genocide and engaging in terrorism act for allegedly inciting Ashantis against Ewes and Gas, as well as declaring war.
He was present in court and later emerged smiling after the ruling.
He is expected to appear before the lower court on Friday, July 6, 2012.
The presiding judge, Professor Justice S. K. Date-Bah, said what the A-G sought to do was wrong in law because the A-G was inviting the Supreme Court to quash a process he had initiated and had the power to discontinue.
Other members of the five-member panel were Justice Julius Ansah, Justice Annin Yeboah and Justice N. S. Gbadegbe.
Mrs Justice Vida Akoto-Bamfo, a member of the panel, was absent but consented to the unanimous decision of the court.