The Supreme Court Wednesday [October 14, 2020] upheld in part an application for prohibition and certiorari filed by lawyers for the MP.
The apex court upheld the order by Justice Wuni for Mr Agyapong to appear before the High Court to answer for contempt, but prohibited him from presiding over the case and also quashed all the proceedings that had been held before Justice Wuni.
“The matter should be sent back to the Registrar of the High Court for the Registrar to place it before the High Court differently constituted”, the court held.
According to the court, it will give its full reason for the decision on October 20, this year
The five-member panel of the court was presided over by Justice Paul Baffoe-Bonnie, with Justices Yaw Appau, Gabriel Pwamang, Issifu Omoro Tanko Amadu and Yonny Kulendi.
Import of the decision
Per the ruling of the court, Mr Agyapong is still on trial for contempt over his alleged comments which scandalised the court and brought its name into disrepute.
However, the trial will not be before Justice Wuni, who had been presiding over the matter since it commenced.
Lawyers for the MP filed a judicial review application at the apex court challenging the jurisdiction of Justice Wuni to preside over the matter.
According to the lawyers, the alleged comments by their client was not directed at Justice Wuni, but rather at a different Justice of the High Court.
They also accused Justice Wuni of bias including the declaration of intention to punish their client even before the conclusion of the trial.
The MP’s lawyers therefore wanted Supreme Court to quash the entire proceedings of the trial and also prohibit Justice Wuni from presiding over the matter.
Background
Mr Agyapong’s alleged comments were made in connection with a land matter in which Susan Bandoh and Christopher Akuetteh Kotei had sued him (Kennedy Agyapong), Ibrahim Jaja, Nana Yaw Duodu aka Sledge and the Inspector General of Police.
While the case was still at the Land Division of the High Court (Land Court 12), the MP allegedly scandalised the court on a programme aired on Net2 TV and Oman FM on September 2, this year.
A court order signed on September 9, by Justice Wuni said, "I hereby summon the said Kennedy Ohene Agyapong per a warrant issued under my hand and seal to appear before the High Court (Land Court 12) on Monday, September 14, 2020, at 10:00 a.m. to show cause why he should not be severely punished for contempt if the matters are proven against him to the satisfaction of the court."
<<Print>>