The National Democratic Congress (NDC) has not taken the bail granted Kennedy Ohene Agyapong smiling as it accuses the judge of being unfair and erring in the application of the law.
The position of the party was put forth by a member of the NDC legal team, David Annan, who described the action of the judge as unreasonable.
He was speaking on Peace FM in reaction to the bail granted the MP after spending four days in detention.
Citing the case of Alfred Agbesi Woyome, David Annan noted that the NDC financier had spent over 48 hours in the custody of the security agencies, yet the trial judge handling the case ordered that he be remanded.
That, he pointed, was unfair, adding that what is good for the goose is good for the gander.
There is no love lost between the NDC and the judiciary, a fact evidenced from various remarks by leading members of the party.
The “many ways of killing a cat” remark from NDC Chairman, Dr. Kwabena Adjei, is still fresh in the minds of many Ghanaians, especially lawyers and judges and that epitomizes the relationship between the party and members of the bench.
Party General Secretary Asiedu Nketia was once quoted as saying that the judiciary, the media and civil society group did not like their party.
The reaction of the NDC to the granting of bail to the Assin North MP had been expected by observers of political developments in the country for some time now.
Hon Agyapong’s arrest, detention and eventual appearance before a lower court with no jurisdiction to try treason cases raised the political temperature, especially after some observers regarded the developments as politically motivated.
On Thursday April 19, theNPP firebrand was granted bail by two different judges as the prosecution vacillated over the charge preferred against the gentleman.
The bail dealt a devastating blow to the NDC, especially as it was followed by an acquittal and discharge of Mr. Osei Adjei who was battling an Indian rice case.
The prosecution was flayed for not handling the Kennedy Agyapong case properly, having slapped an unsustainable charge of treason against him and altering same after its unfeasibility became obvious.
The judge, Justice Essel Mensah, based his decision on the prevailing court rules and a medical report provided on the MP.
This, unfortunately, has not convinced the NDC as evidenced from not only David Annan but others in the political grouping who would rather have had him detained further.
No sooner had he been granted bail than the prosecution brought fresh charges against him— engagement in acts of terrorism.
Here too, Justice Charles Quist granted him bail in the same amount of GH˘200,000 after upholding the argument put forth by the defence team.
The judge also counseled the State on the flaws inherent in the charge preferred against the MP, counselling the prosecution to consider revising it.
While the NDC is frowning on the bail granted the MP, the NPP is rejoicing that one institution which can be counted upon to deliver justice without fear or favour remains the judiciary.
Lawyer Annan was not charitable to members of the NPP who jubilated over the bail, describing them as having no understanding of the law because, according to him, the bail did not presuppose the end of the case.
“The fact that he has been granted bail doesn’t mean the case has been closed…They don’t understand the law so they are just talking…” he said.
Source: A.R. Gomda/Daily Guide
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