The contempt case against Member of Parliament for Assin Central Constituency Kennedy Ohene Agyapong has been adjourned to Friday, September 25.
This comes after his lawyers filed an application at the Supreme Court to prohibit the High Court from sitting on the contempt charges leveled against him.
The lawyers have also filed an order of certiorari to further quash the High Court’s summons issued to question the lawmaker on why he should not be punished for scandalising the Court.
The Court presided over by Justice Amos Wunter Wuni, in stating the reasons Kennedy Agyapong was summoned, indicated that the Member of Parliament made statements on his Net2 TV which scandalised the court for which reason he was invited to answer questions
Lead Counsel for Kennedy Agyapong Kwame Gyan, responded by telling the court, “We want to inform my Lordship we have filed a process in the Supreme Court invoking the jurisdiction of the Supreme Court with Article 132 which says the Supreme Court shall have jurisdiction over all courts…”
He added: “The application has been duly filed and service has been effected and My Lord, we have evidence in the form of proof of service on the judicial secretary and the head office”
Kwame Gyan, therefore, prayed the court to grant them an adjournment so that they could pursue the matter, which is pending before the highest appellate court.
Justice Wunter Wuni dismissed the request, saying the court has the jurisdiction to proceed with the matter since there is no order barring it from sitting on the case.
He said, “This court is, however, fortified in continuing proceedings by the decision of the Supreme Court in the case of Republic v Fast Track High Court ex parte Daniel where his lordship Prof Kludze Jsc stated ex cathedra that ‘a motion for an order of prohibition does not come within the ambit if 130 (2) and the fast track high court is perfectly within the law to continue with its proceedings until and unless there is an order from a higher court. That being the case, this court will continue with proceedings until so ordered to suspend.”
Kwame Gyan, in his opinion, disagreed with the judge.
Though Justice Wunter Wuni insisted the Court has the jurisdiction to sit on the case without an order from a higher court, he went ahead to adjourn the case asking counsel for the MP to come with further legal arguments.
He, therefore, served notice he will not hesitate to punish anyone who scandalises the court.
The case has further been adjourned to Friday, September 25.
