Ralph Agyapong, younger brother of Kennedy Agyapong, who had dodged court bailiffs sent to serve summons on him, is ready to fight the judge sitting on the contempt case.
According to Lawyer Agyapong, they will challenge the jurisdiction of the High Court judge, who issued the contempt of court charge against the legislator for the Assin Central Constituency in the Central Region, since the court summoning his brother was not t he one he used the "uncomplimentary words" and also threatened.
It is not clear, who put the case before the current judge, but speaking on Newsnight with Evans Mensah, Ralph explained that "if the high court had issued a general order, then it would have been different," adding that this court has no jurisdiction to summon his client.
He explained further that they were also shocked to see the order of summons even though the court had failed to contact Net 2 TV, the television station on which he had made his comments for the original video.
"The normal rule is that you should apply to get the video from the source so that you can issue a summons out of that, in this case, this was not done," he added.
The Private Legal Practitioner, stated that he and his team are taking steps to draw the court's attention to the fact that the court may have assumed that the Assin Central MP was talking about this particular court.
Kennedy Agyapong allegedly, made a scandalised statement in the case in, which Susan Bandoh and Christopher Akuetteh Kotei had sued him [Mr Agyapong], one Ibrahim Jaja, Nana Yaw Duodu aka Sledge and the Inspector General of Police in a land matter.
Among other things, Mr Agyapong, had also threatened to "face the judge" who gave a verdict in a land dispute involving him.
Subsequently, Kennedy Agyapong rendered an unqualified apology to the Chief Justice, Kwasi Anin-Yeboah, judges and magistrates in the country for his outburst.
The Assin Central MP, was tasked to appear before an Accra High Court on Monday, September 14, to "show cause why he should not be severely punished for contempt of court."
Mr Agyapong's appearance before the Court, comes after the High Court's ( Land Court 12) attention had been drawn to the television (NET2 TV) and Radio( Oman Fm Station) programme which allegedly aired on September 2.
However, Mr Agyapong, failed to show up in court.
This, according to documents submitted to the court, was because the legislator was not personally notified of the date for his appearance.
The bailiff indicated that attempts to serve Mr Agyapong at his office at Net2 TV and Parliament, proved unsuccessful. The bailiffs had gone to his business office to serve him, but he in a telephone conversation, directed the court officials to Parliament instead.
But the court presided over by Justice Amos Wuntah Wuni, directed that the documents should be pasted at the court's notice board and at the building of Net2 TV and Oman FM as a form of notification.
"He has equally effected an apology to the addressed court. If you look at the apology letter the judge whose court those words were used against is copied, his name is on that apology letter," Ralph Agyapong told Evans Mensah.
The father of over 20 children, more than three times, called the judge "stupid" and ended up saying "You are an animal of a judge".
Kennedy Agyapong, had on the Seat Show of Net 2 TV on Wednesday, September 2, 2020, five times described the High Court Judge as "stupid" for granting an injunction against him without conducting any due diligence.
The MP, said he has a vendetta against such judges in the country who abuse their power in their line of duty.
Agyapong's apparent anger, insults and threats against such judges stems from what he held to be baseless issuance of injunctions, especially when it comes to land disputes adjudications.
"Listen to the reason why I am angry. The lawyer wrote the thing on August 5, and the judge scheduled appearance on August 13. I didn't get anything from them; then on September 1, you granted an injunction on the property. You are a stupid judge; I will face you. You are a stupid judge. 18 years that I've had the land nobody served me and then I get called and told that an injunction has been placed on it. You are a stupid judge," he declared.
He added, "You think I fear someone? I am not like Anas who will take a bribe from you. I will deal with you…nobody served me anything. I didn't know what was going on. Then all of a sudden you say I should not go to the land. You are an animal of a judge."
But the High Court Judge, Sulemana Issifu, who has since petitioned the Chief Justice over the matter, said, "Your Lordship, that, Mr Agyapong's conduct is graver in scope and impact than the infamous 'Montie 3'. This is because of the influence he wields and the coverage of the channel on which he made these dangerous comments compared to the 'Montie 3' in these respects."
The Herald has sighted an "Order to appear in court" issued by another High Court judge, Justice Amos Wuntah J, of the High Court, Land Division in Accra dated 9th September 2020 and signed by one Issahaku Musah, a registrar asking Kennedy Agyapong, will appear before court on Monday 14th September 2020 at 10:00, to show cause why he should not be severely punished for Contempt, if the matter are proven against him to the satisfaction of the court".
The case in question is between Susan Bando of No. 64 Patrice Lumumba Road Airport Residential Area, Accra Christopher Akuetteh Kotei as the plaintiffs against Ibrahim Jajah, Nana Yaw Duodu alias Sledge, Kennedy Ohene Agyapong and the Inspector General of Police (IGP), the defendants.
The order read; whereas the attention of the High Court (Land Court 12) has been drawn to a Television and Radio programme allegedly aired on NET 2 TV and OMAN FM Stations on 2nd September 2020at or around 9:00 pm in which KENNEDY OHENE AGYAPONG, 3rd Defendant herein, allegedly scandalized and threatened this Court in this case, pending before this Court in a manner which is proven against him amount to Contempt of Court".
"I HEREBYSUMMON the said KENNEY OHENE AGYAPONG per a Warrant issued under my Hand and Seal to appear before the High Court (Land Court 12) on Monday,14th September 2020 at 10:00 to show cause why he should not be severely punished for Contempt, if the matter are proven against him to the satisfaction of the court".
Since the order was issued, the Assin Central MP, has adopted the style of the Montie 3, by rendering an unqualified apology to the Chief Justice, Judges, and Magistrates Association of Ghana, after referring to judges as 'foolish'.
In a letter dated September 8, 2020, sighted by The Herald, the NPP MP, apologized to Judges in Ghana, adding that he "believes in our judicial system and can never denigrate its integrity."
Parts of his statement read, "…upon sober reflection, "I have come to the realization that without prejudice to the substantive case, my expression about the court's opinion was harsh thus I find it necessary to render an unqualified apology without reservation whatsoever to the Honourable Chief Justice, Judges and Magistrates and any individual who have been offended by my uncomplimentary comments."
"Thus prior to the publication of this letter, I have appeared on the same platform on 7th day of September 2020 and rendered same apology to the Hon. Chief Justice, Judges, and Magistrates."
"I must conclude that I strongly believe in our judicial system and can never denigrate its integrity. Indeed I was set free by the court when I was charged with treason in 2012."
The letter addressed to Chief Justice and copied one Justice Frank Aboadwe Rockson, said in full, "I am writing this apology letter in my capacity as Ghanaian and Member of Parliament for the Assin Central Constituency of the Central Region of the Republic of Ghana.