A five-member panel of the Supreme Court presided over by Justice Yaw Appau has overruled an objection from Tsatsu Tsikata against Justice Clemence Honyenugah to recuse himself.
The five-member panel of the Supreme Court presided over by Justice Yaw Appau with support from Justice Clemence Hornyenugah, Justice Samuel Marful-Sau, Justice Gertrude Torkunor and Justice Amadu Tanko are expected to hear the substantive case today.
But there was an objection against one member of the panel.
The panel in overruling the objection said the lawyer of the interested parties on December 31, 2020 wrote to the Registrar of the Supreme Court asking for the said judge to recuse himself.
The panel said the instant application before it is challenging the High Court’s jurisdiction and “the interest of Peter Amewu is too remotely connected” to the case.
The court consequently overruled the objection.
Objection
Lawyers of the interested parties in the Case in which the Attorney General has filed an application to invoke the supervisory jurisdiction of the Supreme Court for an order of certiorari to quash the orders of the High Court over Peter Amewu’s gazette as the Member of Parliament elect for Hohoe Constituency have asked Justice Clemence Honyenugah to recuse himself.
But when the case was called for the substantive case to be heard, Lawyer Tsatsu Tsikata asked Justice Honyenugah to recuse himself.
According to him, should he failed to do so, they were going to raise an objection for him to recuse himself on grounds that he has a strong personal relationship with John Peter Amewu.
After Justice Honyenugah had indicated to the panel that, he had no personal relationship with the Hohoe Member of Parliament Elect ad that he was not going to recuse himself, Lawyer Tsikata moved his objection.
Moving his objection for Justice Honyenugah to recuse himself, Lawyer Tsikata said the Supreme Court judge has “long-standing personal close relationship with Peter Amewu.”
He argued that, they are willing to bring persons before the court to testify in that respect and that if the witnesses are heard, the court will agree with them on why he should recuse himself.
He said Justice Honyenuga cannot be a judge in his own court and that their witnesses are prepared to testify on oath on these matters.
AG objects
Deputy Attorney General Godfred Yeboah Dame while opposing to the objection said, no basis has been established for recusal of any member of the panel.
He said counsel own it a duty to establish the Case of bias against the said judge but has not done so, and that the claims are only premised on “speculative and conjecture.”
Court Correspondent Murtala Inusah reports that Deputy Attorney General Godfred Yeboah Dame is on his feet moving Thu substantive application.
