One of the legal counsels for Dr Benjamin Agordzo, Hamdiya Mohammed, said the state brought their client to the Kaneshie District court despite knowing very well it does not have jurisdiction to hear the matter.
A treason trial is heard at the high court but committal proceedings can be heard at a district court.
In a committal proceeding, the state would present to the court and the defence, a bill of indictment listing evidence of the charges.
But the state brought ACP Dr Agordzo to the district court without a bill of indictment.
His legal counsel wants the court to reject the case filed by the prosecution.
"More than very soon, the state shall commence committal proceedings”, Prosecution led by ASP Sylvestre Asare said in opposing the defence counsel’s submission.
ACP Sylvestre Asare explained that by law, the state or an investigative agency is required to bring a suspect before a court within 48 hours.
This is what the prosecution has done, he said explaining the law in question, Article 14(3) does not suggest anywhere that the district court lacks jurisdiction.
The district court is the court of first instance on matters to be tried by indictment, he added.
ACP Asare concluded that investigations are ongoing and is far advanced.
The prosecution wants him to be remanded into custody to assist with further investigations.
The legal counsel for the treason suspect indicated they could proceed to the Supreme Court in the unlikely event the court rejects their objections.
If push comes to shove, the legal team said they will ask the Supreme Court to determine “that the practice of bringing a suspect to this court to remand them contrary to article 14(3) of the constitution when prosecution is not ready for committal proceedings is unconstitutional.”
Kaneshie District Court has set Friday, November 8 to deliver its ruling.
ACP Benjamin Agordzo has been accused of communicating with the alleged coup plotters.
His defence counsel said his client was confronted with the messages in which he had allegedly advised members of the group who were planning a demonstration to seek police permit.
According to his counsel, the police are taking seriously a comment he made that "Ghana has conditions which are similar to the Arab Spring."
His defence counsel have called the trial a political witch-hunt after his client criticised the politicisation of the police service, a critique which went viral on social media. Read Full Story