Try asking the following...
RULING
Counsel for Respondents/Applicant: We have an application for recusal/disqualification of your Ladyship from determining the application for leave to enforce an arbitral award. We however pray that since this our application puts the capacity of My Ladyship in issue that this application be referred to the Chief Justice to be assigned to a different court for the determination for the application for recusal/disqualification.
Counsel for Applicant/Respondent: My Lady, the request made by my learned friend is entirely baseless. They have not cited any authority precedence, or practice on which basis they are making this request. Applications of this nature asking a judge to recuse herself from a matter before her is heard and determined by that judge. There is no reason for this request and we pray that they move their application so that we can oppose.
Counsel for Respondents/Applicant: My Lady, if I may refer the court to the case of Daniel Ofori v Ecobank Ghana Limited & Ors. We have attached same as Exhibit ‘E’ to our motion of recusal/disqualification. In the said case, the Supreme Court in determining an application on a likelihood of bias, had to reconstitute the panel on the basis that the specific judge which the applicant had alleged the likelihood of bias was not fit to sit on the panel determining that application. The precedence has been set by the Supreme Court.
Counsel for Applicant/Respondent: My Lady, we have read Exhibit ‘E’ attached to the Respondent’s application and say that the ratio of that case and the issues arising in that matter have no baring or similarity to the matter at hand. The Supreme Court set out the ground for that application at page ‘2’, second paragraph on that page- reads out. At page ‘3’, the Supreme Court stated as follows – reads out. Facts entirely different. The issue in the case that my learned friend is relying on relates to a judge sitting as a High Court judge and determining a collateral issue on the case. The judge having later been appointed to the Supreme Court is then part of the panel that is deciding the appeal in the same case. This is not the situation here. The court heard an application of the High Court, an application to enforce a partial arbitral award and is subsequently sitting on another application requesting for leave to enforce a consent arbitral award, i.e. an award reflecting the terms of a consensual agreement between the parties. Your Ladyship is entirely capable of determining thi