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News Central

Use judicial processes to address issue of bias against judge – CJ tells Assin North MP

By : cd on 28 Jun 2021, 10:54     |     Source: myjoyonline

Chief Justice

Chief Justice, Kwasi Anin-Yeboah, has written to the Assin North MP to use judicial processes to prosecute his allegations of bias against the High Court judge presiding over his case.

This follows a petition by the Assin North MP, Joe Gyaakye Quayson, for the Chief justice to prevail on the Judge to recuse himself.

The MP alleged that the judge, Justice Kwasi Boakye, made a comment that is prejudicial to the case. Thus, allowing him to continue presiding over the matter would not serve the ends of justice.

According to the MP, Justice Kwasi Boakye, had said that the appropriate time Article 94(2) of the 1992 Constitution kicks in is during the filing of the nomination by an MP.

This allegation was dismissed by the judge when it was made because the alleger, Abraham Amaliba, failed to show any evidence that Justice Kwasi Boakye indeed made the comment on April, 12.

The Chief justice, after perusing the petition, has responded to the MP, asking him to use the laid down judicial processes to address his grievances against the judge, because there are court records to indicate that the presiding judge made the alleged prejudicial comments.

The judge adjourned the case on June 1, because the petition by the MP served as an injunction or a restrictive order on him. But once the petition has been addressed, nothing bars him from continuing proceedings.

When the court reconvened on Monday, June 28, the judge thus proceeded to deal with the two motions before him: the application for Stay of Proceedings and application by the MP’s attorney, Abraham Amaliba, to withdraw his services.

The application for Stay of Proceedings was dismissed by the court while Abraham Amaliba’s wishes to withdraw from the case was granted by the Court. Consequently, on record, Abraham Amaliba is no more the lawyer for the Assin North MP, Joe Gyaakye Quayson.

With the issues in the petition cleared, the judge could proceed with the substantive matter before him.