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Supreme Court stops Justice Wuni from hearing Kennedy Agyapong’s contempt case Featured

Member of Parliament for Assin Central, Kennedy Agyapong, has successfully stopped Amos Wuntah Wuni from prosecuting the contempt charges against him.

 

The Supreme Court has directed that the High Court be reconstituted to hear the charges against the legislator.

 

 

The order was given on Wednesday, October 14, 2020.

 

 

His lawyer Alexander Afenyo Markin speaking to the media said the Justices of the Supreme Court referenced the Montie 3 case.

 

He said the Justices said the affected judges did not sit on the Montie 3 contempt case.

 

“The court has indicated that it will make its full ruling available on October 2020,” he said.

 

The Supreme Court having found in our favour our allegation of bias and procedural irregularities against the High Court Judge, has today [Wednesday], prohibited the High Court Judge from dealing specifically with this matter. By law, since the prohibition is in place, it means that all proceedings by the judge are again a nullity. Meaning everything must start afresh with new procedures followed. We respect the court, we are thankful to the Supreme Court. It’s been our case to have this matter resolved and that has been our posture,” he said.

 

Mr. Kennedy Agyapong’s lawyers invoked the supervisory jurisdiction of the Supreme Court for orders of certiorari and prohibition against Justice Amos Wuntah Wuni’s hearing of the case.

 

They argued that Justice Wuni assumed jurisdiction in a matter that he wrongly assumed concerned him. They also insisted that Justice Wuni demonstrated extreme hostility towards the lawmaker during the trial and even refused to be persuaded by any legal reasoning in the course.

 

Lawyer Kwame Gyan, for Kennedy Agyapong, cited an off-the-record comment attributed to Justice Wuni, that, “if you touch a high tension pole you will be electrocuted”, which he said demonstrated the Judge’s hostility towards the Assin Central Member of Parliament.

 

Additionally, Kwame Gyan accused Justice Wuni of committing a “plethora of infractions which if not checked and halted by the Supreme Court may lead to a travesty of justice. Some of these infractions are grave”.

 

The Supreme Court however noted, and conceded by Kennedy Agyapong’s lawyers that High Court is one under the country’s Court architecture and any High Court Judge was vested with the authority to preside over a contempt charge against the Court.

 

 

 

This notwithstanding, the Supreme Court, constituted by Justices Baffoe-Bonnie as President, Yaw Appau, Amadu Tanko, Yonny Kulendi and Gabriel Pwamang, decided that the High Court be reconstituted to hear the contempt charge against the Assin Central MP.

 

The Court’ reasoning behind this judgement is expected out on October 20.

 

Source: Citi Newsroom

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