[ 2012-04-18 ]
Magistrate court: Agyapong case too heavy for us
The Magistrate Court in Adjabeng has deferred
hearing of the case involving Kennedy Agyapong.
The court says the charge of treason is too heavy
for it to handle.
The sitting judge has subsequently declined
jurisdiction of the case imploring the prosecution
to use the appropriate forum.
The court cited a circular which emanated from the
office of the Judicial Secretary in June 2008 in
which crimes such treason, hijacking robbery and
narcotics offences ought to be sent to the Office
of the Chief Justice for a court to be selected.
A lawyer, Nana Asante Bediatuo in an interview
with Joy News' Anny Osabutey, who is present at
the court mocked at what he says were the "comedy
of errors" by the prosecution.
According to him, Ken Agyapong was charged with
treason under section 180 of the Criminal
Offensive Act but said there is no such thing as
treason under that section.
"What is there is high treason and as you may know
the constitution differentiates between treason
and high treason,"
He said the facts the state have proffered against
Kennedy Agyapong to underpin the charge of treason
appears to be the one in Article 19 (17) of the
"That section does not make provision for
punishment," he stated, adding that "you cannot be
charged and prosecuted for a crime unless that
crime is defined in law and the penalty for it
also prescribed by law."
On the charge of genocide which has also been
slapped on the Assin North MP, the constitutional
lawyer said the elements of genocide cannot be
established in this particular case.
He said nobody has been killed or bodily harm
caused to a group of people, key elements he said
were crucial for a charge of genocide to hold.
Asante Bediatuo is convinced with such charges the
prosecution is bound to fail.
Source - MyjoyOnline
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Seditious words like what?. Inciting war among tribes of Ghanaians to overthrow the govt, do you call it second degree?. I believe is too light for the court decide. The man must be punished.
King,London , King,London 2012-04-18 (12:19:58)
For a long time I have held the view that the AGs office lawyers are short on legal expertise. Here is an example. How can a serious crime of TREASON be started in a Magistrates Court.? It should have gone to the High Court.
Now we also have the situaion where the Human Rights Court has decided to interfere by granting bail so effectively the case is now being adjudicated by TWO COURTS. What a confusion? How can there be justice in this situation where each of the two branches seem to be second guessing the others decisions?
We have to do better than this in Ghana. It does not reflect very well on our institutions and people who work in them.
Akutuepost, UK 2012-04-19 (09:28:57)
The president and his NDC should beware that these political arrests and persecutions will not be permanent .The NDC will definitely loose the election no matter how many opposition politicians they arrests.the NDc has failed the people of Ghana and they will pay dearly for that on the 07/12/12 elections.The green book they launched has nothing to write home about.
The IGP and his Ghana police,the officers of the BNI who are harassing opposing politicians mus be careful for they will all get their share when the NDC has loose the elections on the 07/12/12.Asiedu Nketia said if the electoral commission dare to verify the biometric voters register before the election,there will be a CIVIL WAR IN GHANA;this didn't warrant any arrest,baba jamal declared political JIHAD on GHANA;ATTA MILLS did not give any ORDER FROM ABOVE.These things will kill ATTA Mills and his party. ATTA MILLS you are writing your history at a time when all the eyes of the World are watching Ghana and how the NDC is destroying Ghana.The days of ATTA MILLS and his NDC are numbered.
Kwasivi Zoryiku, Ghana 2012-04-19 (09:40:25)
BEWARE GHANA POLICE,BNI and your NDC. You will all pay if fail to put the country in the right order.Add YOUR View here
koffi Komodzi, U.K 2012-04-19 (09:56:53)