Kennedy case; State attorneys must stop wasting our time- Ayikoi Otoo

Ayikoi Otoo said the prosecution cannot ask the Supreme Court to do a job they the prosecutors are better placed to do.

By certiorari, the state prosecutors are praying the Supreme Court to quash the terrorism and treason proceedings brought against Kennedy Agyapong, MP for Assin North at the High Court.

Joy News’ Sammy Darko who was present in court reported that the Justices at the Supreme Court were not only unimpressed with the reliefs being sought by the prosecution but also questioned the confidence level of the state prosecutors.

The Justices would rather have the state file a nolle prosequi against Kennedy Agyapong who is facing charges of terrorism but the prosecutors insisted certiorari was the best relief under the circumstances because there are other events at the High Court which they are interested in maintaining, arguing if they file a nolle prosequi those crucial events will be considered null and void.

But speaking to Joy News’ Evans Mensah, lawyer for Kennedy Agyapong told Joy News the prosecution is wasting everybody’s time.

“The issues are very clear. It is easy to go and ask for certiorari before the Supreme Court but you must make sure that there are no alternative remedies opened to you.

“If you are the prosecutor and you think you have gone to the wrong court and you know what to do, why do you come and ask the Supreme Court to do your work for you?.

“Things that you can do on your own, you want the Supreme Court to do that for you; waste the time of everybody.

“Clearly if you follow the discourse I do not see how they can come out with any judgement in their favour,” Ayikoi Otoo said.

He would not say what options are opened to the prosecution, stating, “Let them advice themselves. You don’t give bullet to your opponent to use to shoot you.”

A law lecturer at the University of Ghana Law Faculty, Kissi Adjabeng in part, agreed with Ayikoi Otoo.

He said certiorari can only work if a lower court has done something which a superior court can quash, but not in this case.

“It sounds to me very alien that the prosecution will go to the Supreme Court to ask the court to stay their own hand in what they are doing," he stated.

He cited instances in which prosecution has withdrawn cases against suspects only to re-arrest them.

However, a member of the NDC legal team, Abraham Amaliba is not convinced the prosecution erred in seeking for certiorari.

He argued the High Court granted bail to Kennedy Agyapong when committal proceedings had not been taken.

That, he said is the action which the prosecution wants to quash at the Supreme Court through a certiorari.

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