State To Appeal Against Acquittal Of Kennedy Agyapong

Ken-AgyapongState prosecutors have served notice they would appeal against the acquittal of the Member of Parliament for Assin North, Kennedy Agyapong, who was being tried for inciting riot and engaging in offensive conduct.

Consequently, they yesterday sought leave from the Accra Circuit Court that acquitted the MP, to head for the Court of Appeal to challenge the lower court’s decision to grant Mr. Agyapong’s submission of no case.

The court, presided over by Mr. Ebenezer Darko, yesterday granted the application for leave which was filed and moved by Chief State Attorney, Rexford Anthony Wiredu. No reasons were given.

On July 2, this year, the Circuit Court, in ruling on a ‘submission of no case’ made by counsel for the MP, Joeseph Ayikoi Otoo, acquitted and discharged Mr. Agyapong on all the charges on grounds that the prosecution failed to provide evidence to support the charges at the close of its case.

It is not clear when the appeal would be filed, and the rationale for the prosecutor’s decision to appeal against the lower court’s decision.
Mr. Agyapong was put before the court on July 19, 2012 on two misdemeanour charges of provocation of riot and offensive conduct amounting to breach of the peace. He denied the charges and was on self recognisance bail.

The prosecution claimed the MP on April 13, last year, on his own radio station, Oman FM, engaged in an act with the intent to provoke riot, and further used threatening, abusive or insulting words with the intent to provoke a breach of the peace or by which a breach of the peace was likely to be occasioned.

The MP reportedly said he would organise supporters of the NPP to defend themselves because the police had failed to protect them.
Mr. Agyapong, who was facing three counts of treason felony, attempted genocide and engaging in terrorist act, was on July 6, 2013, discharged by the Accra Fast Track High Court following a “nolle prosequi” filed by the State.
It was borne out of a reconsideration of the sustainability of the charges and the fact that the case was wrongly placed before the High Court.

Before then, Mr. Agyapong was put before an Accra Magistrate Court on April 18, 2012, on three counts of treason, treason felony and attempted genocide but the court, presided over by Ms. Patricia Quansah, declined jurisdiction.

It premised its decision on a circular from the Judicial Secretary dated June 17, 2008 in which a directive was given that cases such as treason, robbery, defilement, hijacking among others, should be referred to the Chief Justice Secretariat for a court to be assigned to hear the case.

On April 19, he was put before the High Court on fresh charges of treason felony, attempted genocide and engaging in terrorist act; two hours after he was first granted bail by the Accra Human Rights Court on a habeas corpus application.

But Mr. Agyapong, who denied all the charges, was granted GH¢200,000 bail with one surety justified and bonded to be of good behaviour until the final determination of the case.

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