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 Supreme 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.
Counsel for the embattled MP, who also doubles as a law lecturer, held the view that Justice Wuni was trying every possible means to just punish his client without due regard to procedures governing the handling of contempt cases.
Speaking on Okay FM’s Ade Akye Abia Morning Show, Lawyer Kwame Gyan accused the High Court Judge of deliberately committing errors during the trial with the intention of punishing his client.
“When I realised that the Judge was committing these infractions, I became alarmed and suspicious....these plethora of infractions were clearly deliberate and grave which not checked may lead to a travesty of justice....so I tried to convince him in the courtroom but he wouldn't budge and so the legal team decided to seek the intervention of the Supreme Court to stop the Judge...
“When we informed the trial Judge of our decision, he said he will still continue with the case whether we have gone to the Supreme Court to stop him or not,” he asserted.
He explained that the Supreme Court has supervisory powers over every adjudicating body including cases presided over by the National House of Chiefs if it receives an application that suggests that there is a deliberate error in the proceedings of any case.
According to him, 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.
The Registrar at the High Court has been asked to find another Judge at the High Court to preside over the case against Hon. Kennedy Agyapong.
“We are waiting for the High Court Registrar to call us and tell us the court and the Judge who has been assigned to preside over the case and as law-abiding lawyers, we will honour the invitation of the Registrar,” he stated.
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