[ 2012-07-20 ]

Ken Agyapong granted self-recognisance bail
After being hauled before four different courts on
first degree felony charges for allegedly pitting
Ashantis against Gas and Ewes and declaring war,
the Member of Parliament (MP) for Assin North,
Kennedy Ohene Agyapong, was Thursday arraigned
before the Circuit Court, charged with two counts
of provocation of riot and offensive conduct.

He pleaded not guilty and was granted
self-recognisance bail after one of his lawyers,
Mr Frank Davis, had prayed the court to grant him
bail because his client was a man of repute, owned
businesses and would comply with the bail terms.

Mr Davis also denied the prosecution’s assertion
that the MP incited a particular group against
another.

Counsel argued further that his client was not
capable of declaring war and stressed that the MP
did not own mass ammunition to do that.

According to the lawyer, the MP would not cause
war in his own country.

A Principal State Attorney, Mr Anthony Rexford
Wiredu, did not oppose the bail, saying that the
accused person had so far conducted himself
creditably.

He explained that the MP appeared before the court
on his own volition after he had been notified by
the prosecution.

The accused person is expected to reappear on
August 23, 2012.

The MP has, since April 17, 2012, been put before
the Adjabeng District Magistrate Court, where the
magistrate declined jurisdiction; the Human Rights
Court, which granted him bail; the Fast Track High
Court, which was billed to commence his trial, and
the Supreme Court, where the prosecution had
prayed it to quash proceedings at the Fast Track
High Court.

On July 4, 2012, the Supreme Court threw out the
state’s application which prayed it to quash
proceedings at the lower court hearing the MP’s
case because, according to the state, the court
lacked jurisdiction.

However, in a unanimous decision, the highest
court of the land ruled that the action filed by
the Attorney-General (A-G) was “unnecessary and
extremely odd” because the law empowered the A-G
to file a nolle prosequi to discontinue the
processes at the lower court.

Following the Supreme Court’s decision, the state
filed a nolle prosequi on July 6, 2012 to
discontinue proceedings against the MP before the
court, presided over by Mr Justice Charles Quist.

Source - Daily Graphic

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