High Court States Position On Kennedy Agyapong

A Justice of the High Court, Amos Wuni, has served notice he will not hesitate to punish persons who scandalise the court.

The remarks were made when he adjourned the contempt case involving Assin Central Member of Parliament (MP), Kennedy Agyapong.

The court had earlier said it was going to continue with the matter but Mr Agyapong’s lawyer decided to take an adjournment.

Justice Wuni had ordered the MP to show up and explain why he should not be severely punished for comments he made about a judge which the court deemed disrespectful.

He failed to show up on Monday over claims he was unaware of the proceedings causing the court to fix the matter for today. But his lawyers want the apex court to stop it entirely.

His lawyers in this application say Justice Wuni does not have jurisdiction to hear the matter since he’s not the judge the MP offended.

They have also described as strange claims the MP could not be found to receive court documents. They explain Mr Agyapong is a regular panelist at Net2 TV and could also have been found in parliament.

Push to halt proceedings

Lawyers for the MP on Friday informed the court of the application they have filed at the Supreme Court.

This application is asking the apex court to halt the contempt proceedings at the High Court and set aside the contempt charge leveled against the legislator, lead Counsel for the MP, Kwame Gyan told the court.

“The application has been duly filed and service has been effected and my lord we have evidence in the form of proof of service on the judicial secretary and the head office.

“The return date is Tuesday, October 13, 2020, for the application before the Supreme Court. In the circumstances, we are praying your lordship to grant as an adjournment so we could pursue the matter which is now pending before the highest Appellate court of the land.”

Justice Wuni, dismissing the request, said nothing barred his court from proceeding with the matter.

“This court is fortified in the continuing proceedings by the decision of the Supreme Court in the case of Republic v Fast Track High Court ex parte Daniel where his lordship Prof Kludze Jsc stated that ‘a motion for an order of prohibition does not come within the ambit of 130 (2) and the Fast Track High Court is perfectly within the law to continue with its proceedings until and unless there is an order from a Higher Court. That being the case, this court will continue with proceedings until so ordered to suspend’.”

Mr Gyan, however, told the judge he disagreed with the decision.

Justice Wuni then decided that he will adjourn the case to take further legal arguments from Mr Agyapong’s legal team on Friday, September 25.

 

Source: Adomonline.com

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