The Court of Appeal, Accra, yesterday upheld a preliminary objection brought at the instance of former Chief of Staff Kwadwo Okyere Mpiani in the case in which the Attorney General has appealed the ruling of the High Court, Accra that struck out the charges against Dr. Charles Wereko-Brobby and former Chief of Staff Kwadwo Okyere Mpiani in the Ghana@50 trial.
The Court of Appeal in the process struck out additional grounds of appeal and the written submissions filed by the Attorney General and proceeded to adjourn the case sine die or indefinitely. A three member panel of the Court of Appeal chaired by Justice Henrietta Abban in its unanimous decision described the additional grounds of appeal and the written submissions filed by the Attorney General as irregular and offensive to the rules of the court (emphasis ours). The other members of the panel were Justice Kusi Appiah and Justice EK Ayebi.
It will be recalled that on August 10, 20 I 0, the High Court, Accra presided over by His Lordship Samuel Marful-Sau struck out the charges against Dr. Charles Wereko-Brobby and’ Kwadwo Mpiani and proceeded to set aside the prosecution of the two. The Attorney General, aggrieved by the ruling filed an appeal on August 20, 20 10.
By the rules of the Court of Appeal, when all is ripe for an appeal to be heard, the Appellant (in this instance, the Attorney General) is required within 21 days to file written submissions based on the grounds of appeal was filed, which ought to be served on the Respondents (Dr. Wereko-Brobby and Kwadwo Mpiani). Upon receipt of the written submissions, the Respondents also have 21 days to file their respective written submission, following which the Court of Appeal will give dates for its judgment.
In this instance, the Attorney General, having filed its notice of appeal which set out the grounds for the appeal proceeded to file additional grounds of appeal after the time limited for filing the notice of appeal had lapsed. The Attorney General in filing the additional grounds of appeal did not seek prior leave or permission of the Court of Appeal to do so, considering that time limited for filing the notice of appeal had lapsed. The Attorney General then proceeded to file its written submissions which incorporated the additional grounds of appeal.
Lawyers for Kwadwo Mpiani, Messrs Kulendi@Law upon receipt of the Attorney General’s Statement of Case filed a notice in the Court of Appeal on ground that the additional grounds of appeal filed by the Attorney General on October 11, 2011 and upon which the written submission is argued is null and void.
The Court of Appeal, which started hearing the preliminary objection on Tuesday adjourned to Wednesday to enable the Attorney General respond. Moving the court, lead counsel for Mpiani, Yonny Kulendi urged the court to strike out the additional grounds of appeal as filed and the written submissions as well since the additional grounds of appeal were filed without the prior leave of the court and were prejudicial to the Respondents.
Replying, Ms. Maureen Donkor, a Senior State Attorney argued that the Court of Appeal rules do not provide that additional grounds of appeal ought to be filed with the prior leave of the court.
The three member panel in its ruling upheld Yonny Kulendi’s arguments and proceeded to strike out the additional grounds of appeal as filed by the Attorney General and the written submissions as well.
Mpiani was represented by Yonny Kulendi and Egbert Faibille Jnr whilst Dr. Wereko-Brobby was represented by Tony Akoto Ampaw and Thomas Stephens.
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