Supreme Court Judge Justice Emmanuel Yonny Kulendi has hit hard at the judge who handled the defamation case filed by Anas Aremeyaw Anas against legislator Kennedy Agyapong.
Justice Kulendi says Justice Eric Baah was actuated by ill will and malice.
“The trial judge who appears to have been actuated by ill will, malice, dislike and complete disapproval of Anas’ methods and investigative journalism could not restrain himself from pronouncing a conviction and condemning Anas as an outright criminal, extortionist and blackmailer masquerading as a journalist”, Justice Kulendi stated.
Justice Eric Baah in March 2023 dismissed the case filed by the journalist describing him as a self-confessed criminal and that the legislator was justified in referring to him as an extortionist.
Dissatisfied with this decision, Anas set dual legal processes in motion. The first was to ask the Court of Appeal to set aside Justice Eric Baah’s judgment. This is yet to be determined. The second was an application at the Supreme Court accusing Justice Baah of bias and a request for the Apex Court to quash this decision.
Chief Justice Gertrude Torkonoo chaired a panel comprising Justices Samuel Adibu Asiedu, Prof Henrietta Mensah Bonsu, Issifu Omoro Amadu Tanko and Emmanuel Yonny Kulendi. The panel ruled against Anas in a 3-2 decision. The Chief Justice was joined by Justices Samuel Adibu Asiedu and Prof Henrietta Mensah Bonsu to make up the majority.
Justice Asiedu who authored the majority opinion maintained that the Judge was not biased and was within his right to make the comments against the journalist.
“I am fully satisfied after reading the Judgement of Eric Baah JA, sitting as an additional Judge at the High Court, from the beginning to the end, that there is nothing in the said judgment, contrary to the assertion by the applicant herein which shows that the learned trial judge was biased or exhibited any prejudice against the applicant in the judgment delivered on the 15th March 2023. This court must guard against excessive control of the High Court by subtle invocation of our jurisdiction to do so through the medium of our supervisory jurisdiction,” he stated.
Justices Issifu Omoro Amadu Tanko and Emmanuel Yonny Kulendi however disagreed with this view. Justice Kulendi accused Justice Baah of abuse of Judicial Power
“The toxic, caustic and unsavory descriptions of Anas by the trial judge is a classic example of a violent abuse of judicial power…” he stated.
He argued that such conduct is unacceptable and has the potential to deter citizens from seeking legal solutions to challenges they face.