Ken Agyapong runs to Supreme Court but High court insists it can punish him
The Accra High Court was a scene of a hot legal banter between counsel for Assin Central MP, Kennedy Agyapong, and the Bench in the contempt case against the lawmaker.
Lead Counsel, Kwame Gyan, had suggested to the court to suspend sitting on the case as they had filed a motion at the Supreme Court with the hearing slated for October 13.
The MP’s lawyers were demanding the court halts hearing the case till the Supreme Court rules on the matter.
However, the High Court judge, Amos Wuntah Wuni, disagreed.
“So the court should not do anything when the case is almost a month away. Your client is simply coming here to explain why he said all those scandalous things.
“The court has the right, power and courage to punish anyone who scandalises its name. The law is the law. If you hold a live wire with your bare hands you will be electrocuted,” Judge Wuni held.
Mr Gyan in his submission drew the court’s attention to the near repercussions of giving a ruling ahead of the apex court
He explained that it would be a drain to have the ruling of the high court quashed come October 13 when the Supreme Court sits on the case.
“Let’s assume my lord proceeds today [Friday] and the Supreme Court says the order has been quashed then what are we going to say.
“My lord, respectfully, this is not a commercial transaction, this is a case that can endure another month,” Mr Gyan argued.
Justice Wuni held his ground and ruled that until his court was directed by the Supreme Court to do otherwise, the case will continue and subsequently adjourned the case to September 25.
“If the court is not firm where the country is going, especially within this period, we will not be happy as a country. We have to stand firm and protect this country,” he added.
The legal banter came about after the lead counsel for Assin Central MP, Kwame Gyan, had drawn the court’s attention to a motion filed on Thursday, September 17.
The MPs lawyers were seeking a supervisory order of prohibition against the High Court and its position as far as the contempt case was concerned.
The motion was filed at the Supreme court “invoking the jurisdiction of the supreme court under article 132 of the 1992 constitution of Ghana.”
Article 132 says the Supreme Court shall have supervisory jurisdiction of all courts.
At the last sitting, the Accra High Court directed the court registry to ensure that the legislator, who failed to turn up in court after his widely publicise summons, is served a hearing notice.
Justice Amos Wuntah Wuni who presided urged the registry to ensure that the lawmaker, who allegedly hurled insults at the judge over a default judgement against him, is made to appear before him.
The Assin Central MP was summoned by the Judge, Amos Wuntah Wuni, after he was seen in a video insulting the judge over a land case still before the court.
“You are a stupid judge. I will face you,” Mr. Agyapong said on his TV station Net2 last week.
He stressed, “I am not Anas to take bribe from you. I will deal with you.”
In a summon addressed to the MP, the judge asked the MP 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.”