Vacant Seats Hearing: SC Dismisses Request for Justice Gaewu’s Recusal

The Supreme Court has dismissed an objection from Speaker of Parliament Alban Bagbin’s legal team to Justice Yao Gaewu’s presence on the panel in the case challenging the Speaker’s ruling on four vacant parliamentary seats, calling the objection “misconceived.”

Chief Justice Gertrude Torkonoo, leading the bench, clarified that the matter at hand is a constitutional issue, not a political party case, dismissing the suggestion that Justice Gaewu’s alleged affiliation with the New Patriotic Party (NPP) could compromise his impartiality.

After hearing the objection from Speaker Bagbin’s counsel, Thaddeus Sory, on Wednesday, October 30, the Chief Justice adjourned proceedings briefly to consider the matter before returning to reject the application.

Justice Gaewu, she ruled, would remain on the panel.

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 Ghartey for breaching protocol by allowing junior counsel to open the defense.

The hearing will continue, as the court moves forward with arguments on the legality of the Speaker’s decision regarding the four disputed parliamentary seats.

Source: CNR