The Supreme Court has thrown out two objections raised by Godfred Yeboah Dame, calling for the recusal of Acting Chief Justice, Paul Baffoe-Bonnie and a reconstitution of the panel hearing a motion to injunct processes for the removal of the Chief Justice.
Mr. Dame, representing plaintiff Vincent Ekow Asafuah, argued that the Acting Chief Justice stands to benefit from the proceedings and should therefore recuse himself.
He further objected to the reconstitution of the original panel, which included Justices Samuel Asiedu, Ernest Gaewu, Richard Agyei Frimpong, and Yaw Asare Darko, and was presided over by Prof. Henrietta Mensa-Bonsu.
The current panel, however, includes Justices Yonny Kulendi, Amadu Tanko, Henrietta Mensa-Bonsu, and Ernest Gaewu, and is presided over by acting Chief Justice Baffoe-Bonnie.
Citing Article 157(3) of the Constitution, Godfred Dame argued that the original panel, having commenced hearing the injunction motion, could not be altered until the matter was concluded.
But the Supreme Court, in its ruling, dismissed the objection. It held that Article 144(6) of the 1992 Constitution empowers the Acting Chief Justice to perform all powers of a substantive Chief Justice including the power to constitute a panel and therefore rejected the call for recusal of Justice Baffoe-Bonnie.
On the second objection, the court again dismissed the argument, stating that the constitutional provisions cited by Mr. Dame did not apply in this context.
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