Minority Leader Dr. Cassiel Ato Forson has accused the Judge, Justice Afia Serwah Asare-Botwe, who is presiding over his case involving the purchase of ambulances, of bias.
During the court proceedings, Dr. Ato Forson’s lawyers requested that the judge recuse herself from the case after she granted a witness summons he had requested. The summons was issued because some of his witnesses, including former health minister Alex Segbefia, were difficult to secure for testimony, even though they had filed witness statements.
The judge had admonished Dr. Ato Forson’s lawyers about the consequences of issuing arrest warrants for the witnesses if they failed to appear, which the defense lawyers believed was biased and portrayed their witnesses as criminals.
Subsequently, Dr. Ato Forson’s legal team filed an application for the judge to recuse herself, citing her alleged bias. However, during the determination of the case, Dr. Bassit Bamba, one of Ato Forson’s lawyers, argued that the judge did not have jurisdiction to hear the application, as she would be a judge in her own case due to the allegations of bias.
Dr. Bassit Bamba also contended that the judge’s comments during the proceedings infringed on his client’s right to a fair trial under article 19. He maintained that when allegations of grave bias are involved, it is appropriate for the sitting judge not to hear the application.
The Attorney General, Godfred Yeboah Dame, opposed the application, describing it as unmeritorious. He argued that a judge alleged to be biased has the jurisdiction to hear the matter and that the court had not shown any bias in its orders.
Justice Afia Serwah Asare-Botwe has adjourned the case to October 12 to deliver her ruling on both the objection to her jurisdiction and the substantive application for her recusal. Meanwhile, the application by Dr. Ato Forson to have his passport released was not heard, pending the ruling to be delivered in October.
Source – citinewsroom.com
