The Kaneshie District court has dismissed the case by lawyers for ACP Benjamin Agordzo, challenging the jurisdiction of the court to handle the matter involving treason felony.
The court presided over by Eleanor Kakra Bans Botchwey described as unfounded, opposition by the defence lawyers for the court to begin committal proceedings against the suspect.
By law, a district court can hear committal proceedings while a High court handles treason felony.
The district court hears a committal proceeding in which case the state would present to the court and the defence counsel, a bill of indictment listing evidence of the charges.
But the state brought ACP Dr Agordzo to the district court without a bill of indictment. Without the indictment, the defence counsel argued, the district court should have nothing to do with the case.
One of the legal counsels for Dr Benjamin Agordzo, Hamdiya Mohammed, said the state brought their client to the Kaneshie District court despite knowing very well it does not have jurisdiction to hear the matter.
She suspected an attempt by the state to push for the remand of their client unduly.
ACP Agordzo’s counsel asked the court to reject the case filed by the prosecution. But prosecution led by ASP Sylvestre Asare, however, assured the court, that “More than very soon, the state shall commence committal proceedings.”
In her ruling Friday, Eleanor Kakra Bans Botwchwey said the district court is fully cloaked with the powers to deal with the matter and therefore directed the charge be read to the suspect to fastrack the processes to forward the docket to the AG's office for advice.
The legal counsel for the treason suspect indicated on Wednesday that should the court proceed with the matter, they could proceed to the Supreme Court for an interpretation of the constitution.
If push comes to shove, the legal team said they will ask the Supreme Court to determine “that the practice of bringing a suspect to this court to remand them contrary to article 14(3) of the constitution when the prosecution is not ready for committal proceedings is unconstitutional.”
Latest Stories
-
NPP win in Ejisu by-election will signal Bawumia’s triumphant victory in 2024 polls – Richard Ahiagbah
4 mins -
Presidents must respect Chiefs, says historian
7 mins -
Deloitte 2024 Technology, Media and Telecom predictions: Experts upbeat about impact of economy
12 mins -
Treat Ghana’s challenges seriously, not like topics in SHS debate – Suhuyini advises Bawumia
22 mins -
Trade Minister promotes Ghana’s industrialisation agenda to US investors
33 mins -
COCOBOD intensifies crackdown on cocoa smuggling syndicates
40 mins -
Akufo-Addo advocates African solidarity against maritime threats
1 hour -
Ejisu By-election: Don’t condemn EC officials before content of ‘bribe’ envelope is established- Dr Serebour Quaicoe
1 hour -
Ghana’s first Kente Culture Story Documentary Film takes centre stage abroad
1 hour -
10 AI tools to enhance your school, personal or work life
2 hours -
WAEC reacts to private schools’ threat to boycott BECE, WASSCE over exorbitant charges
2 hours -
Reception given Bawumia in the Eastern region depicts victory – Jeff Konadu
2 hours -
GPL: ‘Going to Manhyia was good for the team’ – Ogum on Kotoko’s rejuvenated form
2 hours -
Ejisu by-election: NPP MP for Kwadaso, Kingsley Nyarko fingered in alleged electoral malpractice
2 hours -
Court instructs Anas to testify in person unmasked against Nyantakyi or case will be dismissed
2 hours