Supreme Court dismisses state's application for certiorari

The court has directed the Attorney-General's Department to go back to the High Court and right the wrong created by itself.

It said the Supreme Court would only grant the motion for certiorari if there was no other remedy available to the state.

The state requested the Highest Court of the land to quash proceedings at the High Court in which the New Patriotic Party (NPP) Member of Parliament for Assin North, Mr Kennedy Agyapong is standing trial for using intemperate language on radio.

The prosecution contended the High Court, which is currently hearing the matter, lacked jurisdiction to hear the case and that the court erred in granting Mr Agyapong bail.

It was, therefore, praying the Supreme Court to, by a motion of certiorari, nullify all actions by, and proceedings at, the High Court.

But, according to Joy News' Sammy Darko who was in court, all the five justices who sat on the application said the A-G consciously went to the wrong forum and should not thereafter be asking the Supreme Court to bring him out of that forum.

The court said the A-G should file for a nolle prosequi if he so desires since that is an appropriate remedy readily available to him.

Lawyers for Mr Agyapong asked for costs to be awarded against the state but the request was declined.

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