The Attorney General has filed a review application at the Supreme Court challenging the removal of Justice Clemence Honyenuga from the trial of Dr. Stephen Kwabena Opuni.
A five-member panel of the Supreme Court on July 28 in a 3-2 majority ruled that Justice Honyenuga, who was presiding over the case should no longer preside over the case.
In that ruling, Justice Gabriel Pwamang, who wrote the lead judgment together with Justice A.M Dordzie and Tanko Amadu agreed with Dr. Opuni. While Justice Jones Dotse and Justice Lovelace Johnson disagreed.
However, a review application filed by the AG said the decision of the apex Court contains fundamental errors of law which have manifestly resulted in miscarriage of justice.
According to the AG, the Judge’s exclusion of the witness statements, if proven to be true, could not have been a basis for the court’s conclusion since the Judge applied the law as interpreted by the Supreme Court in various cases.
The AG argued that the decision to restrain the Judge is unfair in that the case will be entrusted to an entirely new judge who has not had the benefits of the full trial, including assessing and observing the demeanour of witnesses.
The AG, therefore, wants the decision of the apex court reviewed and set aside.
Source: Kasapafmonline.com/Murtala Inusah
