A member of the legal team of the ruling National Democratic Congress (NDC), Mr. Abraham Amaliba has mounted a passionate defence of the decision of state prosecutors to file a writ of certiorari in respect of the Kennedy Agyapong case. He said contrary to the public perception that the prosecutors exhibited crass incompetence by the action, the decision was legally correct and that the criticisms were without a basis. State prosecutors Tuesday went to the Supreme Court with a writ of certiorari – which they fumbled in an attempt to explain and justify – praying the court to quash the process currently going on at the High Court in respect of the case in which the state is trying the Member of Parliament for Assin North Kennedy Agyapong for treason felony, attempted genocide and acts of terrorism. Judges at the Supreme Court question the basis for applying for an order of certiorari when the prosecution could simply have filed for a nolle prosequi in which case the defendant would be discharged and then the state could re-arraign him accordance with right processes which they thought were not been adhered to at the High Court. Sections of the public suggested the action of the prosecution either smacked of incompetence or was a demonstration of a lack of commitment to prosecute the case. But Mr Amaliba, speaking on Joy FM’s Super Morning Show Wednesday dismissed the suggestion insisting the decision to come by a writ of certiorari. Giving a background to his submission, Mr Amaliba said the charges proffered against Mr Agyapong were of such grave character that the defendant ought to be tried on indictment and “one step which is very important in trial on indictment is committal proceedings and you do the committal proceedings at the district court and at that stage the accused persons would then be committed to the High Court to then stand trial.” “Now state prosecutors are saying that this important step was not done and has not been taken at all and so whatever would happen at the High Court is going to be a nullity and so they wanted the Supreme Court to make an order nullifying all what has happened [at the High Court] because at this moment, in their mind, the High Court has no jurisdiction to hear the matter,” he stated.