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The Court of Appeal constituted by the learned Judicial Secretary, Cyra Pamela Koranteng J.A (Presiding), Afia Serwaa Asare-Botwe J.A and the respected Kweku Ackaah-Boafo J.A dismissed some of the grounds of appeal filed by Mr. Adu Gyamfi against the High Court decision in a contempt application brought before it against the Member of Parliament of North North Tongu, Hon. Smuel Okudzeto Ablakwa.
The court in a terse ruling gave an exposition of the procedural rules as contained in C.I 19 which cover the requirements for the canvassing of grounds and presentation of same in a notice of appeal, the base document attacking the High Court's ruling on the contempt application.
https://www.instagram.com/p/C8hJ_NLCEiS/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA==
In its reliance on some decided cases, the Appellate court upheld the arguments as contained in the application brought by the learned Thaddeus Sory who enjoyed the company of his partner, the learned Nuhela Seidu. The Court however was open to hang it's future judgement or otherwise on any further grounds upon which the Appeal is being prosecuted by the applicant through his lawyers, the respected and relatively young but bold Bobby Banson who enjoyed the company of the learned Emanuel Gyan in Court today.
Despite the offer of the cost of GH¢2000 by lawyers for Mr. Adu Gyamfi in response to the request of GH¢5000 by Counsel for the Honourable Member of Parliament, the Court as if to tow the median of the sums requested from both end ordered cost of GH¢3000 https://www.instagram.com/p/C8O0l3Gi5gP/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA==
Preliminary objection against reconstitution of Panel
In a well written ruling read by the calm and poised looking Ackaah-Boafo J.A, the Court rejected arguments canvassed by Mr. Sory against the reconstitution of the panel which was early on Presided by Dzamefe J.S.C.
The court appeared to lean on the arguments proffered by the learned Bobby Banson with his reliance on the famous Tsatsu Tsikata v Attorney-General Case (Judicial bias case). As characteristic of his judicial analysis, Ackaah-Boafo J.A invited listeners of the packed Court of Appeal Chamber into English, Canadian and American jurisprudential perspectives of judicial bias and the objection to same.
1 day ago
2 days ago
9th Sep, 2026
7th Sep, 2026
7th Sep, 2026
The Court of Appeal in unanimity upheld the powers of the Chief Justice to reconstitute a panel and rejected the once argued and repeated language of Mr. Sory against the Judicial Administrative decision of the Chief Justice citing breaches to administrative fairness rights and arbitrary use of judicial administrative power whenever the Chief Justice reconstitutes a panel. See his well articulated article on the same grounds here.
No evidence of bias
The court was clear in its mind in dismissing Hon. Okudzeto Ablakwa's objection as his lawyers offered no evidence to suggest bias as the basis for the reconstitution. The court held that Mr. Sory's submissions were planted on speculative innuendos and nothing more.The court held that the said newspaper relied on by Mr. Sory in his submissions for the basis for the reconstitution of the panel was not provided in court.
The court thus dismissed any allegation as mounted against the reconstitution. The court minced no words dismissing the objection to the reconstitution of the panel as the objection failed to demonstrate the capriciousness of the Chief Justice in the reconstitution of the panel hearing the appeal.
Written submission to be filed
The Court ordered Mr. Adu Gyamfi to file written submissions pursuant to the remaining grounds of appeal within 7 days. The Court fixed the time frame after Counsel for Mr. Adu Gyamfi sought the extension of time for the said filing.
With objections to the reconstitution of the panel out of the way and procedurally flawed grounds of appeal removed, the court now appears clear of any obstacles to fix a date to deliver the judgment on the contempt application decision by the High Court most likely on the next date of sitting.
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