Spineless Kennedy Agyapong Cries

The trial of the foul-mouthed New Patriotic Party (NPP) Member of Parliament (MP) for Assin North, who has been charged for making genocidal comments, has commenced with his lawyers pushing his marriage connection and sickness as their strongest points to save him from a possible death penalty, if found guilty.

Kennedy Agyapong, who last week Friday, incited Ashantis in NPP to take arms against Voltarians and Gas from the Greater Accra Region, is virtually eating back his inflammatory words, saying his wife by name Stella Agyapong hails from the Volta Region, implying that he could not have sincerely meant Ashantis should kill his distant in-laws.

Mr. Atta Akyea, his lawyer, did not mention where in the Volta Region, Mrs. Agyapong (pictured), who was in court to show solidarity with her “out of control” husband, hails from.

Mr. Agyapong last week on his own radio station, Oman FM, said “I declare war” and asked Ashantis in NPP to resort to violence against their Ewe and Ga counterparts in Kumasi over the ongoing biometric exercise, which witnessed some violent attacks in the some parts of the country, especially Accra and Kumasi.

In a very vituperative language, the MP said he had declared war on all Ewes living in the Ashanti Region, and that the NPP activists in the region should attack Ewes and Gas with sticks and machetes, warning that all security personnel who would try to keep the peace in the region would be lynched, since they were imposters in uniform.

Mr. Agyapong then jumped onto the National Security Coordinator, Larry Gbevlo-Lartey and the Inspector-General of Police (IGP), Paul Tawiah Quaye, warning that they should not dare send their men to keep any peace in the Ashanti region, because they will be killed.

“Today I declare war in this country, Gbevlo-Lartey and his people, IGP should know this. Voltarians in the Ashanti Region will not be spared. If anyone touches you, butcher him with a cutlass…,” Mr. Agyapong charged.

He went on, “ President Mills is going round, claiming he is father for all- father for all; it’s a lie, he is a thief. “His father for all is for himself and no one else, he and the NDC people are thieves”.

Aside Mr. Agyapong’s marriage ties, his lawyers, led bySamuel Atta Akyea, also told an Accra Magistrate Court in Adjabeng presided over by Patricia Quansah, who was to remand the MP in prison custody, that Mr. Agyapong suffers from the worse form of diabetes, therefore, must be granted bail to seek his usual medical attention.

Prior to revealing his client’s marriage links and health status, Atta Akyea argued that the charge preferred against the MP was wrong.

He prayed the court to grant his client bail because his blood pressure had gone high and doctors had to attend to him whiles in custody to save the situation.

But State Attorney Anthony Ransford Wiredu, who had his car vandalized by NPP supporters, wanted the judge to remand the reckless lawmaker for two weeks.

After listening to both the prosecution and defense, the trial judge said she had no powers to handle such a case because it is of high magnitude.

She, therefore, declined jurisdiction of the case, imploring the prosecution to use the appropriate forum.

Mrs. Quansah cited a circular, which emanated from the office of the Judicial Secretary in June 2008, in which crimes such treason, hijacking, robbery and narcotics offences ought to be sent to the Office of the Chief Justice for a court to be assigned.

The NPP MP was charged with treason and has been in the Bureau of National Investigations (BNI) custody since Monday. He was sent to court as the last 48-hour constitutional requirement of keeping him in police custody without a court’s directive, had elapsed.

Upon his arrival in court last Wednesday, looking very angry and tired, he declared he was prepared to die. “I’ll not say anything, I want to die, I want to die’,” the beleaguered MP said as he stepped out of a police van.

Hundreds of NPP supporters and some national executive members, who had been waiting since morning, thronged the court premises to follow proceedings in a case where the MP has been charged with treason.

Earlier, they stormed the Fast Track High Court and the police had to barricade the main entrance to prevent them from breaking the gates leading to the court premises.

His lawyers have meanwhile served notice that they will head to the Human Rights Courts to seek bail for their client. Another of his lawyers, Nana Asante Bediatuo in an interview with “Joy FM” said the prosecution is involved in what he called “comedy of errors”.

According to him, Agyapong was charged with treason under section 180 of the Criminal Offences Act but insisted there is no such thing as treason under that section, adding “What is there is high treason and as you may know the Constitution differentiates between treason and high treason,”

He said the facts the state have proffered against Mr. Agyapong to underpin the charge of treason appear to be the one in Article 19 (17) of the Constitution.

“That section does not make provision for punishment,” he stated, adding that “you cannot be charged and prosecuted for a crime unless that crime is defined in law and the penalty for it also prescribed by law.”

On the charge of genocide which has also been slapped on the Assin North MP, the constitutional lawyer said the elements of genocide cannot be established in this particular case.

He said nobody had been killed or inflicted with bodily harm; key elements, he said, were crucial for a charge of genocide to hold.

Asante Bediatuo was convinced that with such charges the prosecution was bound to fail.

The lawmaker faces the death penalty if found guilty. He is accused of inciting Akan NPP supporters to attack Gas and Ewes in the country.

Mr. Agyapong was speaking last week on his own radio station, Oman FM, where he used intemperate language such as “I declare war” to inflame passion in the society.

He looked bemused in the courtroom.