Vacant seats hearing: Supreme Court dismisses request for Justice Gaewu’s recusal

The Supreme Court has dismissed an application by lawyers of the Speaker of Parliament, Alban Bagbin requesting that Justice Yao Gaewu recuse himself from a panel reviewing the Speaker’s decision to declare four parliamentary seats vacant. The Speaker’s counsel, Thaddeus Sory, raised the objection on Wednesday, October 30, arguing that Justice Gaewu’s alleged affiliation with the New Patriotic Party (NPP) could compromise his impartiality in the case, as the NPP is a party to the proceedings.

Chief Justice Gertrude Torkonoo briefly adjourned the hearing to consider the objection. Upon returning, she rejected the application, affirming that Justice Gaewu would remain on the panel. In a separate motion, Attorney General Godfred Yeboah Dame called on the court to strike out paragraphs 21 and 49 from the Speaker’s affidavit, claiming they were “scandalous” due to alleged inflammatory and irrelevant statements.

During the session, Joe Ghartey, representing NPP Majority Leader Alexander Afenyo-Markin, was also denied the opportunity to make a preliminary statement. The court reprimanded Ghartey for allowing a junior counsel to open the defence, which they viewed as a breach of protocol. The court is set to continue hearing both sides’ arguments, as they address the legality of the Speaker’s ruling on the four contested seats.

By: Kabah Atawoge