‘I met AG to discuss Law Sch matters’- Justice Dotse fights Dr. Opuni’s bias allegations
Supreme Court Judge His Lordship Justice Jones Dotse has rubbished claims that his bias nature is being referred to scarcely hours to the Supreme Court conveying a key decision in respect of review application filed by Attorney General and Minister of Justice Godfred Yeboah Dame.
A seven-member panel of the Supreme Court is relied upon to convey its decision in a review application filed by Attorney General Godfred Yeboah Dame on Tuesday.
Mr. Dame is asking the Apex court to save its July 2021 near disaster 3-2 choice that banned Justice Clemence Honyenuga from proceeding as Judge in the trial of previous COCOBOD CEO, Dr Stephen Opuni.
The Apex Court, in the wake of hearing oral contentions on Tuesday, October 12, dismissed procedures to October 26 to convey its decision.
In July this year, Dr Opuni’s legal advisors applied to the Supreme Court asking that it limits Justice Honyenuga from hearing the matter.
He claimed that his entitlement to be heard decently had been penetrated by the Judge beside an exhibition of predisposition.
The claims moved from Justice Honyenuga’s decision on an accommodation of no case application. Dr. Opuni’s attorneys battle the adjudicator submitted a mistake of law when he dismissed a few archives submitted as proof.
On the claim of predisposition against the Judge, the legal advisors clarified that the Judge offered some biased remarks in his accommodation of no case administering.
“Every one of these were propagated to work with the second and third blamed’s business and swindle COCOBOD. Without a doubt these demonstrations were completely sustained to work with and deliberately, intentionally to help the second and third denounced to propagate misrepresentation on COCOBOD by providing an alternate item based on what was tried and supported.”
Page 54 once more. “… However, the first charged, despite the fact that he knew the right situation, purposely worked with and helped the second and third blamed to dupe COCOBOD.”
The case was heard by Justices Jones Dotse, A.M Dordzie, Amadu Tanko, and Lovelace Johnson and Gabriel Pwamang.
Equity Gabriel Pwamang, who composed the lead judgment, finished up as follows; “The test is a target one dependent on the rule that not exclusively should equity be done, yet it should be believed to be finished. As the specialists say, predisposition is guileful to the point that the adjudicator himself may not know that he has an inclination regarding the present situation viable.
“It is for the reasons clarified over that I thusly award the petition for disallowance all together that equity will be believed to be done for this situation. Taking everything into account, the application prevails on the two counts and is in like manner allowed as implored.”
He was supported by his partners Justices A. M. Dordzie and Tanko Amadu. Judges Jones Dotse and Lovelace Johnson clashed.
The audit application is being heard by Justices Gertrude Torkonoo and Prof Ashie Kotey, who have joined the first board.
The Attorney General told the board the choice of the greatest Court of the land contains essential blunders of law that clearly brought about premature delivery of equity.
However, Dr Opuni’s attorneys clash. They say a survey can’t be a way to re-contend matters that have been campaigned and dismissed by the court.
African Editors has located an October 25 application documented by Dr Opuni’s attorneys. They are asking that Justice Jones Dotse recuses himself from the board.
Dr. Opuni, in his affirmation on the side of this application, says his consideration has been attracted to a generally flowed web distribution by Kelvin Taylor, a Ghanaian telecaster in the United States of America.
Mr. Taylor is said to have claimed that the Attorney General, on October 15, went to the workplace of Justice Jones Dotse, the managing judge and had a broad gathering with him. This gathering, Dr Opuni says the transmission uncovered, went on for more than two hours.
Dr. Opuni then, at that point, claims that the AG Godfred Yeboah Dame, while filling in as Deputy Attorney, gone to an official Q&A event of allies and supporters of the decision New Patriotic Party (NPP), which occurred on April 6, 2019, in London, England and which meeting he says was spilled on various web-based media outlets remembering for Facebook and OMEGA LIVE TV, a private TV channel.
Mr Dame, Dr Opuni says expressed the accompanying “Even concerning that, the arraignment has begun, and I can suggest four instances of people, close connects with John Mahama party.
The first is the Opuni trial. We as a whole realize Dr Opuni was one individual who was utilized by the Mahama Administration to execute bad behaviours. Presently there is an indictment of the previous COCOBOD CEO, Dr Opuni, it is progressing and it includes different colossal amounts of cash as misfortunes to the State.'”
He demands these remarks added up to a political colouration of his case.
“That I am thusly in no uncertainty that my case has been superfluously raised to an example of defilement of the NDC, the accomplishment of which would have a direction on the political fortunes of the current decision party of which the Attorney General is a deputy.” Dr. Opuni expressed in the oath.
He proceeded, “That I express that despite the fact that I was not at the said meeting as expressed by the said Kevin Taylor broadcast, the lead of the learned Attorney General in giving a political turn to my case at the time he was Deputy Attorney General, along with the assertion by other political fat cats of the decision party leaves me in presumably that it is in light of a legitimate concern for the public authority that I be indicted for simply political reasons as in the expressions of the Attorney General
“We as a whole realize Dr. Opuni was one individual who was utilized by the Mahama Administration to execute bad behaviors. Presently there is an arraignment of the previous COCOBOD CEO, Dr. Opuni, is continuous, and it includes different tremendous amounts of cash as misfortunes to the State.”
He, along these lines, contends that this gathering claimed to have occurred days after the court had heard oral contentions, leaves him in genuine questions of the bias nature of Justice Jones Dotse.
“That I express that the said two-hour meeting which, as per the transmission of the said Kevin Taylor, occurred on the said Friday the fifteenth day of October 2021 after the becoming aware of the oral contentions on Tuesday, the twelfth day of October 2021 in regard of the review application, leaves me in genuine questions of the unprejudiced nature of his Lordship Justice Jones Dotse in the audit application and persuades me that the Attorney General plans to utilize all means to guarantee that I am indicted.”
He, accordingly, needs Justice Dotse to recuse himself.
“That I have been exhorted by advise and verily accept same to be valid that it is a cliché and a set up guideline of law that equity ought not exclusively be done however obviously and undoubted be believed to be finished.
Sadly, the continuation of Justice Jones Dote will obliterate this frightened lawful platitude. I supplicate that Justice Jones Dotse is recused as individual from the audit board to empower significance to be given to this lawful platitude.”
However, Justice Dotse, in a reaction located by African Editors, demands a case justifying his recusal has not been made. He clarifies that while filling in as Acting Chief Justice during the shortfall of the Chief Justice, Anin Yeboah, from the country from Monday, eleventh October 2021 to Monday, eighteenth October 2021, he met the Attorney-General. He clarifies that this gathering was comparable to issues concerning the Ghana School of Law as he had likewise taken on the situation of Acting Chairman of the General Legal Council.
“Without a doubt, anyone with sound lawful information and preparing will comprehend that throughout our work as Judges, it is typical for Judges of my height and the Attorney General and ranking staff of the Office of Attorney General and Ministry of Justice to come into contact consistently.
“A portion of the foundations by which these contacts happen incorporate the Judicial Council and its numerous Committees, the Rules of Court Committee, the General Legal Council, the Legal Service Board, to specify a couple.
“Aside from issues contacting the Ghana School of Law (GSL.), which I talked about with the Attorney General on the fifteenth of October 2021 and which didn’t endure over 20 minutes, I accept that the moment application has been activated by malevolence and misguided thinking.
“I’m in no situation to remark on the testimonies in sections 7, 8, 9, 10 and 11 of the testimony in help, and the shameless endeaviour to associate these occasions to me are similarly off color and totally ridiculous.
“I likewise deny the testimonies and allusions contained in sections 12 and 13 of the oath or affidavit in support and express that these are not grounds to demand that a Judge should recuse himself,” Justice Dotse expressed.
Source:
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