Vacant seats hearing: Supreme Court dismisses request for Justice Gaewu’s recusal
The Supreme Court has rejected an objection from Speaker Alban Bagbin’s legal team regarding Justice Ernest Yao Gaewu’s presence on the panel in the case challenging the Speaker’s ruling on four vacant parliamentary seats.
According to the Supreme Court, Mr Bagbin’s lawyers’ objection to Justice Gaewu’s participation in the hearing is “misconceived”.
Chief Justice Gertrude Torkonoo, who is leading the bench, explained that the matter is a constitutional issue rather than a political party case.
Consequently, she dismissed the suggestion that Justice Gaewu’s alleged affiliation with the New Patriotic Party (NPP) might compromise his impartiality.
After hearing the objection from Speaker Bagbin’s counsel, Thaddeus Sory, on Wednesday, October 30, the Chief Justice briefly adjourned proceedings to consider the matter before returning to reject the application.
The Chief Justice ruled that Justice Gaewu would remain on the panel.
READ ALSO: Vacant seats suit: Recuse yourself – Bagbin tells Justice Gaewu
The court also addressed a separate motion from Attorney General Godfred Yeboah Dame, who requested that paragraphs 21 and 49 of the Speaker’s affidavit be struck out, arguing that these statements were “scandalous” and irrelevant to the case.
Chief Justice Torkonoo noted that this objection would be considered in the final judgment.
Additionally, Joe Ghartey, representing NPP Majority Leader Alexander Afenyo-Markin, was barred from making a preliminary statement during the proceedings.
The court reprimanded Mr Ghartey for breaching protocol by allowing a junior counsel to open the defence.
The hearing will proceed as the court discusses the legality of the Speaker’s decision regarding the four contested parliamentary seats.