Checks made by Asaase News show that the Chief Justice, Justice Kwasi Anin-Yeboah, is on record to have rather made a crucial ruling (a dissenting opinion) against the very man who is alleged to have bribed him to rule in his favour (Ogyeedom Obranu Kwesi Atta IV), in the case against Ghana Telecommunications Company Ltd.
The Supreme Court in its ruling on civil motion number, J8/37/2021, dated 31 March 2021, entitled Ogyeedom Obranu Kwesi Atta VI, (Applicant) versus Ghana Telecommunication Company Limited (1st Respondent) and Lands Commission (2nd Respondent) had Justice Yonny Kulendi writing the lead opinion which was agreed to by Justices Mariama Owusu and Clemence Honyenuga. Justice Tanko Amadu on his part wrote a concurring opinion and Anin-Yeboah (presiding) wrote a dissenting opinion.
Essentially, the Applicant brought before the Supreme Court an application asking the court to grant him permission just like it had granted the first Respondent to adduce fresh evidence to support their appeal against a High Court and Court of Appeal rulings in favour of the Applicant (Ogyeedom Obranu Kwesi Atta VI).
It was the contention of the applicant that if the respondents have been granted permission to provide fresh evidence to support their appeal, then they should also be given same to counter the fresh evidence of their opponent.
Majority opinion
In their majority opinion, the Supreme Court held that “in the circumstances, having examined the Application together with the affidavits and all processes filed thereto, as well as the submissions by counsel, we are of the considered opinion that this is a proper instance where we ought to exercise our discretion in favour of the Applicant in the interest of justice”.
“For the reasons aforesaid, the application for leave to adduce fresh evidence is granted as prayed” the Supreme Court majority decision read.
CJ dissenting
However, in his dissenting opinion, Chief Justice Anin-Yeboah, notes that, “I have considered carefully and given serious thought to the majority opinion of my sister and brothers on this panel after receiving a draft ruling, but I cannot, with all due respect to them, agree with the decision to allow fresh evidence from the Applicant in this ruling”.
“An appeal is an application to an appellate court to ascertain whether the judgment of the lower court was in error. This explains why the Court of Appeal hear appeals by way or re-hearing and subject the whole evidence led to review to ascertain whether justice was done by the lower court in appropriate cases”.
“The power conferred on appellate courts in adduction of fresh evidence is limited as appellate courts are bound by the record of proceedings from the lower court. If care is not taken, appellate courts will be opening the floodgates for such applications by Respondents to appeals pending for determination. It is for the above reasons that I thought it prudent to dissent in this ruling” Chief Justice Anin Yeboah wrote in his dissenting opinion.
Judiciary writes
Following the allegations of bribery against the Chief Justice by a private legal practitioner, Kwesi Afrifa, the Judicial Service in a letter dated 12 July 2021 and signed by the Judicial Secretary, Justice Cynthia Pamela Addo noted that “the records show that the plaintiff unsuccessfully petitioned for the recusal of His Lordship the Chief Justice and His Lordship Justice Victor Jones Mawulom Dotse from the matter, on a claim that they were prejudiced against him.”
“The records further show that the Chief Justice was the only Judge on a panel who recently on 31st March 2021 dissented in an application at the instance of the plaintiff Ogyeedom Obranu Kwesi Atta IV in favour of the respondent, Ghana Telecommunications Co. Ltd.”
“To ensure that this matter is fully investigated, His Lordship (Chief Justice Anin-Yeboah) has directed that a formal complaint be made to the Criminal Investigations Department of the Ghana Police Service for investigations and any necessary action. He has further directed that a Petition be lodged with the Disciplinary Committee of the General Legal Council (GLC) in respect of this specific matter,” Pamela Addo’s release further stated.
Disassociation letter
In a related development, lawyer for the Applicant, Ogyeedom Obranu Kwesi Atta, the Chief of Efutu and Gomoa Adjumako Traditional Area in a response to the allegations of bribery by lawyer Kwesi Afrifa, has debunked the claimed of the embattled legal practitioner.
Lawyer Alexander K.K. Abban in his letter dated the 13th of July 2021 and addressed to the secretary of the disciplinary committee of the General Legal Council (GLC) states as follows; “In his 5th and 6th paragraphs, the respondent (Lawyer Afrifa) alleged that our client informed him that he had been taken to see the Chief Justice who had agreed to assist him to succeed in the case on condition that he dropped Lawyer Afrifa and engaged the services of Akoto Ampaw in his stead”.
He stated in addition that “our client informed him that the Chief Justice had demanded a bribe of five million United States dollars (US$5,000,000) for a successful outcome of his case. We state on the instructions of our client that he never had any such conversation with the respondent. At any rate, it is our client’s case that apart from the courtroom where he sees the Chief Justice on the bench from a distance, he has never had any personal encounter with him anywhere in his life”.
“We reject and condemn in no uncertain terms the respondent’s (Lawyer Afrifa) allegations which seem to Suggest obliquely that Mr. Akoto Ampaw, one of the finest lawyers in the country, is in league with the Chief Justice in an unholy alliance to pervert the course of justice”.
“In any case, without any such assistance, discounting the fact that the apex court could reverse the judgement of the Court of Appeal if the justice of the matter so demands, it is unthinkable to suggest that a party who has succeeded in both trial High Court and the Court of Appeal would be in haste to pay a bribe to the Supreme Court to affirm the decision of the said two courts below” Lawyer Alexander K.K. Abban’s letter further stated.
“Furthermore, given the quantum of our client’s claim of sixteen million dollars, (US$16m), it will defy logic for the client to part with a whooping sum or chunk of five million dollars (US$5m) to the Chief Justice to improve the Petitioner’s chances at the Supreme Court. How was he going to account to the members of his family given that the Ebusuapanyin and his elders are in court on all occasions that the case is heard? Be that as it may, we have our client’s instructions to asseverate that he has not had any such encounter with the Honourable Chief Justice” Abban added in his letter.
Wilberforce Asare
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