The lawyers for Member of Parliament for North Tongu Constituency in the Volta Region, Honorable Samuel Okudzeto Ablakwa have accused the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo of bias in the reconstitution of an appeal panel involving an appeal trial between Reverend Kusi Boateng, Secretary to the Board of Trustees of the National Cathedral and the legislator.
The National Democratic Congress legislator legal team, led by a renowned private legal practitioner, lawyer Thaddeus Sory, contended that the actions of the Chief Justice in reconstituting a judicial panel are unconstitutional.
He also asserted that the action by the Chief Justice suggests partiality in favour of Reverend Victor Kusi Boateng, who is appealing a court decision involving the North Tongu Member of Parliament.
The lead counsel for Honorable Ablakwa, lawyer Thaddeus Sory further indicated that events preceding the court sitting corroborate a newspaper publication by the Daily Post, which reported that the Chief Justice had reconstituted the appellate panel originally presided over by Justice Dzamefi, replacing him with Justice Cynthia Pamela A. Koranteng.
According to Lawyer Thaddeus Sory, this reconstitution violates Article 136(2) of the 1992 Constitution of Ghana, which outlines the specific procedures and powers of the Chief Justice in such matters.
Claims of Personal Bias
Furthermore, Lawyer Thaddeus Sory, the lead counsel for the National Democratic Congress Member of Parliament for North Tongu Constituency, Honorable Samuel Okudzeto Ablakwa further argued that the Chief Justice’s actions are particularly questionable.
He alleged that the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo has a personal relationship with Reverend Kusi Boateng, claiming that Reverend Kusi Boateng is the Chief Justice’s pastor and spiritual father.
He explained that when a party involved in a case has a close affinity with the individual responsible for determining the judicial panel, any changes to the panel, especially the removal of a presiding judge, should be scrutinized closely.
Counterarguments from Rev. Boateng’s Counsel
In response to Lawyer Thaddeus Sory’s argument, Bobby Banson, counsel for Reverend Kusi Boateng, Secretary to the Board of Trustees of the National Cathedral dismissed the allegations as baseless.
He criticized the lead counsel for Honorable Ablakwa’s reliance on a newspaper report to substantiate claims about the panel’s original composition, labelling it as “the worst hearsay evidence that cannot be admitted.
Lawyer Banson questioned the legitimacy of the assertions regarding who constituted the initial panel and whether the Chief Justice had overstepped her authority.
The legal dispute stems from an appeal filed by Reverend Victor Kusi Boateng challenging the High Court’s dismissal of a contempt of court proceeding against the North Tongu lawmaker, Honorable Samuel Okudzeto Ablakwa.
The contempt case arose after a video surfaced on social media showing Honorable Ablakwa objecting to being served with proceedings in a defamation suit.
The defamation suit involves claims by Honorable Samuel Okudzeto Ablakwa that Reverend Boateng, Secretary to the Board of Trustees of the National Cathedral, who also goes by the name Kwabena Adu Gyamfi, engages in double identity.
Following the dismissal of the contempt application, Reverend Kusi Boateng sought to appeal the decision, citing errors of law.
However, Honorable Ablakwa’s lawyers have applied to strike out certain grounds of the appeal, arguing that Reverend Kusi Boateng’s counsel failed to particularize these errors, thus breaching court rules.
The panel, now presided over by Justice Cynthia Pamela A. Koranteng and including Justices Afia Serwah Asare-Botwe and Kweku Tawiah Ackaah-Boafo, has adjourned the case to Wednesday, June 26.
READ ALSO: Protests Continue Across Kenya Amid Controversial Finance Bill
