Omanghana
Lawyers representing former Member of Parliament for Dome-Kwabenya, Sarah Adwoa Safo, have formally petitioned Ghana’s Attorney-General to transfer her ongoing criminal case from the Adenta Circuit Court to the High Court, arguing that the lower court lacks the legal jurisdiction to hear the matter.
The legal team contends that the charges currently before the Adenta Circuit Court involve a first-degree felony, an offence that, under Ghanaian law, falls within the exclusive jurisdiction of the High Court. They maintain that allowing the case to proceed before the Circuit Court would amount to a fundamental procedural error that could undermine the legitimacy of the entire trial.
In their petition, the lawyers assert that the nature and seriousness of the alleged offence require adjudication by a court with the appropriate constitutional and statutory authority. They argue that the High Court is the proper forum to conduct any trial involving such charges and that the Attorney-General should take immediate steps to facilitate the transfer.
According to the defense, questions surrounding jurisdiction are not merely technical legal issues but go to the very heart of the judicial process. They insist that any proceedings conducted by a court without the requisite jurisdiction could be challenged and potentially declared invalid.
The petition urges the Attorney-General to review the legal basis upon which the case was filed before the Adenta Circuit Court and to ensure that it is reassigned to the appropriate judicial forum. The lawyers argue that such a move would protect the integrity of the prosecution while guaranteeing that all parties receive a fair hearing in accordance with Ghana’s criminal justice system.
The development marks the latest legal twist in the high-profile case involving Adwoa Safo, which has attracted significant public and political attention since charges were brought against the former legislator. The jurisdictional challenge is expected to become a key issue before any substantive hearing on the merits of the case can proceed.
Should the Attorney-General grant the request, the case would be transferred to the High Court, where proceedings would continue under the court’s jurisdiction over serious criminal offences, including first-degree felonies.
As of the time of publication, the Office of the Attorney-General has not publicly commented on the petition or indicated whether it intends to grant the request. It also remains unclear whether prosecutors will oppose the application or agree that the matter should be heard before the High Court.
Legal observers say the Attorney-General’s decision could have significant implications for the future of the case, particularly if the jurisdictional arguments raised by the defense are upheld. The outcome may also provide further clarity on the handling of serious criminal cases that are initially filed before lower courts.
Source: Omanghana
