Ken Agyapong Trial: Supreme Court Throws Out State's Application For Certiorari ~ iNewsGh

Wednesday 4 July 2012

Ken Agyapong Trial: Supreme Court Throws Out State's Application For Certiorari

Peacefmonline.com can confirm that the Supreme Court has unanimously thrown out an application for certiorari brought before it by State prosecutors to quash its own case at the High Court against the New Patriotic Party (NPP) Member of Parliament (MP) for Assin North, Kennedy Agyepong.

All the five Supreme Court Justices who sat on the application rebuked the A-G for consciously going to the wrong forum and directed the Attorney-General's Department to go back to the High Court and right the wrong created by itself.

The outspoken NPP MP is facing charges of treason felony, terrorism and attempted genocide for making comments deemed as treasonable on Accra-based radio station, Oman FM.

It would be recalled that State Prosecutors last month told the Supreme Court they would want to discontinue the case they placed before the High Court against the MP by order of certiorari.


 The prosecution argued that the High Court lacked jurisdiction to hear the case and that it (High Court, which is currently hearing the case) erred in granting Mr Agyapong bail.

This line of action by the A-G illicited widespread condemnation from some legal brains and ignited the debate about the quality of lawyers prosecuting cases on behalf of the state.

And so on Wednesday when the Supreme Court sat on the case, the five justices unanimously said the court would only grant the motion for certiorari if there was no other option available to the state.

It therefore asked state prosecutors to file for a nolle prosequi if they so desires since that is an appropriate remedy readily available to them.


source: peacefmonline

0 comments:

Leave your comment below

Twitter Delicious Facebook Digg Favorites More