JUSTICE FRED K. AWAUAH v. HON. CHIEF JUSTICE & OTHERS
2019
COURT OF APPEAL
GHANA
CORAM
- F.G. KORBIEH, J.A. (PRESIDING)
- CECILIA H. SOWAH (MS.), J.A.
- AMA A. GAISIE (MRS.), J.A
Areas of Law
- Civil Procedure
- Constitutional Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal of Ghana, constituted by F.G. Korbieh, J.A. (presiding), Amma A. Gaisie, J.A., and Cecilia H. Sowah, J.A., dismissed an appeal by a former High Court judge challenging the High Court’s decision to strike out his civil suit for want of prosecution. The suit sought reliefs against the Chief Justice, an impeachment committee, and the Attorney-General following bribery allegations by Opanyin Kwabena Anyan, corroborated by GCB pay-in slips, which led the Judicial Council’s Disciplinary Committee to recommend removal under Article 146. After case management, repeated adjournments occurred, supported by psychiatric evidence from Dr. Sammy Ohene, but with uncertainty due to the appellant’s failure to take medication. Applying Order 37 rules and precedent (ex parte Sian Goldfields, Seatec, Adjabeng), the Court held that the trial judge rightly refused further adjournment given the chequered history and indefinite uncertainty, noted the unutilized Order 5 rule 4 pathway for appointment of a guardian ad litem, and emphasized that the appellant could relist when fit. The appeal was dismissed unanimously.
J U D G M E N T
F.G. KORBIEH, J.A.
All parties in this appeal belong to the justice delivery system in this country in one way or the other. The plaintiff/appellant (hereinafter referred to as the appellant) was at all material times a judge of the High Court stationed at Koforidua when the incidence(s) or occurrence(s) leading to his impeachment process and the subsequent court action happened. The 1st defendant/respondent (hereinafter referred to as the 1st respondent) is the Honourable Chief Justice and by law, the head of the Judiciary and the Judicial Service of the Republic of Ghana as well as the Judicial Council, a body set up by and under the Constitution to perform a number of functions including the “consideration and discussion of matters relating to the functions of the Judiciary and thereby assist the Chief Justice in the performance of [her] duties with a view to ensuring efficiency and effective realization of justice…” The 2nd defendant/respondent (hereinafter referred to as the 2nd respondent) is a committee that was set up by the Judicial Council pursuant to constitutional provisions for the purpose of investigating the conduct of the plaintiff/appellant and the 3rd defendant/respondent is the Chief Legal Advisor or Officer of the government (to put it in its simplest form). The saga leading to this appeal began when the appellant, then a High Court judge stationed in Koforidua, met and collected a paltry GHC30.00 from one Kwabena Anyan who was pursuing a case in the High Court in Koforidua. Subsequently however, the same Kwabena Anyan paid various sums of money into the appellant’s Ghana Commercial Bank (GCB) account because, according to Kwabena Anyan, the appellant had given his account number to the former and asked him to make the lodgments into that account so that the latter would give a favourable ruling for his family in a case titled The Republic v. Registrar, Kwawu Traditional Council, Mpraeso, ex parte Opanyin Kwabena Anyan. The said Opanyin Kwabena Anyan, having failed to obtain a favourable ruling from the appellant, lodged a written complaint with the 1st respondent against the appellant to the effect that he had given various bribes to the appellant to influence the outcome of a case before the appellant but had failed in his effort. (See exhibit on page 236 of ROA) This complaint was corroborated by another complaint lodged by the complainant’s lawyer at the time, Kwaku Baah, Esq. who proceeded to attach various exhi