The Assin Central Lawmaker has lost in his bid to stop the hearing of a contempt trial by an Accra High Court Judge, Justice Amos Wuntah-Wuni.
The claimant, Kennedy Ohene Agyapong had through his Lawyers filed a motion at Supreme Court to contend the right and jurisdiction of Justice Wuntah-Wuni to preside over the contempt hearing.
According to the suit before Supreme Court, the claimant is seeking an order to prohibit Justice Wuni from hearing the matter before him.
Kennedy Agyapong has applied for an order of certiorari to quash Amos Wuntah-Wuni’s order issued on the 9th day of September 2020.
Appearing for Kennedy Agyapong, Lawyer Kwame Gyan, told the court that the Application to stop him from hearing the case has been duly filed and service has been affected and have evidence in the form of proof of service on the Judicial Secretary and the head office.
‘My Lord, we have applied to the Supreme Court for an order for the prohibition against your lordship from hearing this matter and my lord for a further order of certiorari to quash my lordships’ order issued by this very Honorable Court on the 9th day of September 2020.
Kwame Gyan prayed the court to grant them an adjournment to allow them to return to the Supreme Court to pursue the matter on the 13th of October 2020.
‘The return date is Tuesday 13th October 2020 for the application before the Supreme Court. In the circumstances, we are praying your lordship to grant as an adjournment so we could pursue the matter which is now pending before the highest court of the land. My lord we believe by the time the Supreme Court has delivered itself, we may not even come here again, and spare each other this event’. He noted.
But Justice Wuntah-Wuni disagrees he has no jurisdiction and has as such decided to continue proceedings until an order from the Supreme Court is made. The court avers that in the absence of a decision by the Supreme Court, it cannot be restrained.
‘I have sighted the application filed before the Supreme Court. In fact, it was filed yesterday at 9:30 am seeking supervisory orders on prohibition and certiorari against this court and its proceedings’.
‘This court is however fortified in continuing the proceedings by the decision of the Supreme Court in the case of Republic v Fast Track High Court, ex parte Daniel, where his Lordship Prof Kludze JSC stated ex-cathedra that “a motion for an order of prohibition does not come within the ambit of 130 (2) and the fast track high court is perfectly within the law to continue with its proceedings until and unless there is an order from a higher court.” That being the case, this court will continue with proceedings until so ordered to suspend’. Wuntah-Wuni ruled.
Dissatisfied with the ruling of the court, Lawyer Kwame Gyan said, they have heard his delivery on this matter but there are concerns. We disagree with this position.
The Court, therefore, decided to take a short adjournment and hear further legal arguments from Lawyer Kwame Gyan on the case. The case was accordingly adjourned to Friday.
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