Deputy Attorney General, Godfred Yeboah Dame has told the Supreme Court that comments made by Assin Central MP Kennedy Agyapong regarding a Justice of the High Court were scandalous.
These are the comments that have resulted in the MP standing trial for contempt.
The legislator’s lawyers had urged the Supreme Court to stop High Court Judge Amos Wuntah Wuni from hearing the contempt case.
Lead Counsel for Mr. Agyapong, Kwame Gyan on Wednesday moved the application.
He explained that the comments made by the MP were directed at another Justice of the High Court and not Justice Wuni.
He also said even if the comments referred to Justice Wuni, by hearing the matter, he had breached the rules of natural justice by being a judge in his own cause.
Lawyer Kwame Gyan also accused Justice Wuni of “demonstrating extreme hostility” towards Mr. Agyapong.
He explained that the judge said during the proceedings that if the MP touches a live wire, he will be electrocuted.
He added that even when he insisted during the proceedings that evidence of the comments made by the MP should be obtained and made available to the judge, the judge asked that they can get the video from Net2.
He further alleged that the charge sheet handed to him in the course of the trial was not even signed.
The Panel of judges presided over by Justice Baffoe Bonnie said such defects does not affect the substantive proceedings.
Reacting to the point regarding the fact that the comment referred to another Judge, a member of the panel, Yaw Appau said there is only one High court and the comments could not have referred to a particular judge but a court.
Deputy Attorney General Godfred Yeboah Dame opposed the application by Mr. Agyapong’s lawyers.
He said the application erroneously assumes that the mere separation of the High Court into divisions makes it different.
He argued that there is only one High Court and it can take up any matter of contempt.
He told the court that the only matter that ought to generate the attention of the Supreme Court was whether or not the comments made by the MP scandalized the court.
He insisted, it cannot be in doubt that the comments scandalized the court.
He therefore urged the court to dismiss the application describing it as unmeritorious.
He, however, reminded the court that it had the power to grant the application if it finds that in the course of the contempt proceedings at the High Court, due process wasn’t followed.
Source: myjoyonline.com
