Challenge to stop district court from hearing ACP Agordzo case thrown out

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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.”

Source: Ghana | Myjoyonline.com