The Koforidua High Court has dismissed an application filed by Ernest Kumi’s lawyer, Gary Nimako, seeking the recusal of the trial judge from continuing to hear the matter before the court.
In a ruling on the case, the court stated that as the trial judge he cannot be on trial in his own court, and that it is for the Supreme Court to determine that.
The court therefore awarded cost of GHC10,000 against the applicant, who is a member of the New Patriotic Party (NPP) Ernest Kumi, in favor of the National Democratic Congress (NDC).
“He disobeyed the court after an application to set aside an injunction by the honorable court and got himself sworn in. We filed a contempt case against him, we were not getting him to serve him, so we filed an application to serve him through Substituted Service, the court granted. Upon receiving the service, the NPPs Gary Nimako filed that the judge was being biased ” NDC lawyer Bernard Bediako Baidoo explained.
He added ” He had already filed an appeal against the judge’s decisions and also filed a certiorari prohibition at the Supreme Court seeking to quash whatever the Judge said. And so the judge did not have any mandate to proceed in the matter. We argued about it yesterday in court.”
Lawyer Bernard Bediako Baidoo said “In rebuttal I stated, the position of the law is clear, if you disagree with an order of a court, you either appeal or go to the Supreme Court to file. The Court upheld that you cannot trial the trial judge in his own court. It is only when the Supreme Court gives a decision and issues a certiorari prohibition then the trial judge can be recused. You cannot come ahead of the Supreme Court, that is prejudicial.”
The parties are scheduled to return to the High Court on February 13, 2025 for the contempt case filed against Ernest Kumi to be heard after serving.
The NDC’s candidate Henry Boakye Yiadom had petitioned the court following the December 7, 2024 elections, questioning the process of declaration by the Electoral Commission in the Akwatia Constituency.
