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KULENDI, JSC:-
On the 17th day of September, 2020, the Applicant herein filed a motion on notice invoking the supervisory jurisdiction of this Court on an application for orders of Prohibition and Certiorari directed at His Lordship, Justice Amos Wuntah Wuni.
On the 14th day of October, 2020, after carefully reviewing the processes filed together with the oral submissions by Counsel for the Applicant and Respondent, this Court by a unanimous decision, issued the following orders:
“1.The Court is unable to grant the Applicant’s application for certiorari to quash the order of Wuntah Wuni J. directing the Applicant to appear before the High Court to answer contempt charges in the terms prayed.
The Court is of the view that the alleged conduct of the Applicant, if proven against him scandalizes the Court and brings the Administration of Justice into disrepute and will therefore ground the charge of contempt. The application for certiorari in the terms prayed is therefore refused and dismissed.
For the avoidance of doubt, the Order to appear to answer charges of contempt and the charge sheet are hereby preserved.
Save the above, all other proceedings taken before Wuntah Wuni J., in respect of the contempt charges are removed from the High Court and same is hereby quashed.
2. This Court however notes that the Applicant has made a case for prohibition against Wuntah Wuni J. and consequently, he is hereby prohibited from sitting on the contempt charges.
The Court directs that the matter should be sent back to the Registrar of the High Court for same to be placed before the High Court differently constituted to try the Applicant on the contempt charge de novo
Full reasons for this ruling will given on Tuesday, 20th October, 2020”.
We hereby deliver the reasons for the orders aforesaid.
BACKGROUND
The background to the dispute that led to the said application and the preceding orders can be summarized as follows:
The Applicant complained that, the High Court (Land Division), Accra, Coram His Lordship Amos Wuntah Wuni J. by an order dated 9th September, 2020, summoned him to appear before the Court. The order read as follows:
"IN THE SUPERIOR COURT OF JUDICATURE, GHANA
IN THE HIGH COURT OF JUSTICE
LAND DIVISION
ACCRA
SUIT No.: LD/0704/2020
SUSAN BANDOH
No. 64, Patrice Lumumba Rd.
Airport Residential Area,Accra PLAINTIFFS
CHRISTOPHER AKUETTEH KOTEI
(Suing ad Head of family and Lawful
Representative of the La-Bawaleshie-Otele
Klannaa Wek