Lawyers for Assin Central MP, Kennedy Agyapong have stated that the decision by the State to appeal against the discharge and acquittal of their client will not see the light of day.
State Attorney, Rexford Wiredu filed the application on behalf of the state praying the court to permit the state to file an appeal at the Court of Appeal.
On 2nd July this year, the circuit court in a ruling of summation of no case made by counsel for the MP acquitted and discharged Mr. Agyapong on all the charges.
Mr Agyapong reportedly committed the offense on April 13, 2013 when he called into a radio program and directed Ashantis to attack Gas and Ewes.
However in an interview with Citi News, lawyer for the Assin Central MP, Ayikoi Otto in an interview pointed out that appealing the case in the Court of appeal is a wrong step because “the court of appeal has no jurisdiction in such criminal matters.”
Mr. Otoo explained that he opposed the application because “the court of appeal has jurisdiction to hear decisions on appeal only in civil matters and that all appeals in criminal matters from the Magistrate and the Circuit Court go the High Court and therefore if you want me to appeal to the Court of Appeal, I believe that you may find yourself in the wrong court.”
He insisted that “jurisdiction is fundamental so before a court embarks on a hearing, the court must first satisfy itself whether or not it has jurisdiction.”
The former AG however alleged that he senses some political interference in the work of the Attorney General “to file an appeal against the decision… there is extreme pressure being mounted on her to file an appeal.”
Source: Citifmonline
