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REPUBLIC v. OWUSU-ADDO; EX PARTE AGYEMANG

October 24, 1969

CORAM

  • Mensa Boison J

Areas of Law

  • Civil Procedure
  • Evidence Law

AI Generated Summary

Delivering judgment on an application that sought to disqualify a judicial officer for alleged bias, Mensa Boison J assessed the claim arising from strained relations between the officer and the applicant’s counsel. According to the respondent’s affidavit, counsel had previously made an unfounded imputation of corruption about the judicial officer to a senior judge. The court held that public officers, including judges, are not obliged to be socially friendly and may choose their associations; therefore, the officer’s social reticence in the wake of the unfounded accusation did not indicate legal bias. Emphasizing the real likelihood of bias standard, the judge explained that compelling evidence is required, and mere suspicion or flimsy pretexts are inadequate. While personal hostility toward a party can justify recusal, hostility between a judicial officer and counsel does not, without compelling proof. The judge also cautioned that counsel must maintain professional detachment to preserve public confidence.

JUDGEMENT