The Supreme Court of Ghana has unanimously decided that Justice Amos Wuntah Wuni, the judge hearing the contempt case against Assin Central MP Kennedy Agyapong, stop sitting on the matter.
The highest court of the land, after prohibiting Justice Wuntah Wuni from continuing with the case, ordered that the matter be transferred to a different judge.
The decision was taken today, Wednesday, 14 October 2020 by the five-member Bench, which comprised Justices Baffoe Bonnie, Yaw Appau, Gabriel Pwamang, Amadu Tanko, and Yonni Kulendi.
The lawmaker’s lawyers had accused the judge of being hostile toward their client.
The governing New Patriotic Party lawmaker took the matter to the apex court a few weeks ago with a prayer that it stops the proceedings against him by the Accra High Court.
Mr Agyapong’s lawyers filed a judicial review application over the matter at the apex court barely 24 hours after he was supposed to have appear before the High Court to explain why he should not be punished for allegedly describing the judge as “stupid”.
In his prayer, the MP implored the Supreme Court to prohibit the High Court from hearing the contempt case and also quash the order of summons for him to appear before the court on the basis that the particular court (Land Court 12) that summoned him had no jurisdiction to do so.
In his supporting affidavit, the MP averred that his comments were not against Justice Amos Wuntah Wuni but was rather against a different judge in another matter at Labour Court 2, for which he said he had duly apologised.
"The words uttered, which I deem uncomplimentary and I have since apologised [for], were not directed at the court presided over by His Lordship Amos Wuntah Wuni.
"The Court is not seized with jurisdiction to order the applicant to appear and to answer why he should not be severely punished for contempt of court,” the MP said in his affidavit in support.