Kennedy Agyapong in court over contempt, but without Journalists?

Kennedy Ohene Agyapong Kennedy Ohene Agyapong

The New Patriotic Party (NPP) Member of Parliament (MP) for Assin Central, Kennedy Ohene Agyapong, who insulted and insulted a judge of an Accra High Court is back in court over contempt charges, this morning.

But there are report that Mr. Agyapongs contempt case has been called, however, journalists are not being allowed inside the courtroom, only Daily Graphic Journalist.

There is also said to be a massive police presence in court at the contempt proceedings.

At the last hearing, the Accra High Court had given the NPP MP another grace period over his contemptuous comments in which he described the judge as "stupid".

Justice Amos Wuntah Wuni had adjourned the case to today Friday, September 25, 2020, to allow lawyers for the MP to present legal arguments on why the court should stay proceedings until the Supreme Court rules on a judicial review application in relation to the case.

Lead Counsel for the MP, Mr Kwame Gyan, argued that the court must halt the case until the Supreme Court determines whether or not the High Court, presided over by Justice Wuni had jurisdiction over the matter.

Justice Wuni had earlier ruled that he was minded to continue with the case but gave the lawyers the opportunity to present legal arguments on Friday.

Mr Agyapong's alleged comments were made in connection with a land matter in which Susan Bandoh and Christopher Akuetteh Kotei had sued him (Kennedy Agyapong), Ibrahim Jaja, Nana Yaw Duodu aka Sledge and the Inspector General of Police.

While the case was still at the Land Division of the High Court (Land Court 12), the MP allegedly scandalised the court on a programme aired on NET2 TV and Oman FM on September 2, this year.

Kennedy Agyapong, a father of over 20 children, had more than four times, called the High Court judge very "stupid" and ended up saying "you are an animal of a judge" on the Seat Show of Net 2 TV on Wednesday, September 2, 2020,

For about five times the lawmaker, 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."

Mr. Agyapong made a statement deemed contemptuous in the case in which Susan Bandoh and Christopher Akuetteh Kotei had sued him and three others in a land dispute.

On Monday, September 14, 2020, the High Court was forced to adjourn the contempt case because Mr. Agyapong did not appear in court due to the failure of the registrar of the court to personally serve him with the summons in the land dispute case.

The judge, Amos Wuntah Wuni, explained that the court summons was sent to the office of Kennedy Agyapong and to the clerk to Parliament but was unable to reach him personally.

According to him, efforts by the court to serve the MP personally as required in cases of contempt proved futile.

Justice Wuni, therefore, issued an order of substituted service, directing that the court summons be pasted on the notice board of the High Court and the Hollywood building which houses Net 2 TV and Oman FM.

But in his suit, Mr. Agyapong says he has not been "duly served with any writ of the summons and a statement of claim on any court processes [relating to the contempt]."

Because of this, he argues that because he had not been served with the writ of summons, he could not have "engaged in any act intended to scandalise the said Land Court or the presiding judge."

Mr. Agyapong argued further that it would have been easy for him to have been served because of his regular appearances on Net 2 TV and his availability in Parliament.

The MP admits that he got "involuntarily and uncontrollably upset" when processes for the land case at the Labour Court 2 were posted on his property at Adjringanor.

This notwithstanding, he has apologised to the labour court, the presiding judge and the Chief Justice.

Since he feels his words were not directed at the court that summoned him and in lieu of the apology, the MP insists that "the said court is not seized with the jurisdiction to order the applicant to appear and answer why he should not be severely punished for contempt of court."