Judge throws out EC recusal motion as ‘completely frivolous’

Judge throws out EC recusal motion as ‘completely frivolous’

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An Accra High Court has dismissed a motion filed by the Electoral Commission demanding that Justice Kyei Baffour recuses himself from a case.

After listening to the three reasons that formed the basis for the motion, the judge ruled that “I do not find any of the grounds weightier, it is completely frivolous, I dismiss same”.

Justice Eric Kyei Baffour is the judge who sat on the PPP disqualification case and is also sitting on a similar case filed by the National Democratic Party (NDP) demanding the reinstatement of its presidential candidate Nana Konadu Agyeman-Rawlings.

In both cases, the applicants are asking the court to order the EC to allow them back into the presidential race after certain conditions are met.

In the PPP case determined last week Friday, Justice Eric Kyei Baffour ordered the EC to allow PPP Presidential candidate Dr. Papa Kwesi Nduom to correct  ‘errors’ on his presidential nomination forms which formed the basis for his disqualification by the EC.

He described the EC’s conduct in disqualifying Dr. Nduom as ‘extremely perverse’ and condemned aspects of the EC’s explanation as ‘pedestrian’ and ‘peripheral’.

Facing the same judge again Thaddeus Sory believed that he would not get a fair hearing on the NDP’s case and, therefore, demanded the judge to vacate himself from the case.

He said the tone of the judge’s ruling suggest he had a personal interest in the case. Thaddeus expressed displeasure at the judge’s description of the EC’s decision as ‘extremely perverse’.

“The words you even used, you could see personal things in there, in your ruling you used expressions such as “bereft of substance.”

Rising to oppose the motion, Ace Ankomah who is counsel for Nana Konadu Agyemang Rawlings urged his colleague to learn to stomach strong language as a lawyer.

“On your language, once you belong to the bar, you take bullets, there is nothing wrong with saying someone’s view is anaemic ,when my suit was described as incompetent, it was reported in the press, am I dead? Or does that mean I cannot appear before that Judge simply because I still disagree with him?” he said.

Paraphasing the judge’s ruling, Joy News’ Joseph Ackah-Blay reported that;

Justice Kyei Baffuor rules

“I have read the application urging me to recuse myself, I have also listened to the applicant as he moved for me to recuse myself. He claims I have taken a position based on my position”

“The fact that I ruled doesn’t mean I cannot change my mind, I can change my mind, only a mad man cannot change his mind, the fact that a Judge has ruled in a matter that is similar doesn’t mean he cannot hear a similar matter. I found the motion unmeritorious”

” I am one of the 6 appointed by that CJ to hear Electoral disputes in Accra”

” He says I am passionate in my language, I believe passion is key in every endeavor, describing my writing style as unpalatable is not grounds for recusal, the fact that he finds it uncomfortable is no ground for recusal, I find it difficult to appreciate that point .

“I am serving my nation, if there anything personal about my ruling,it is the live for my Job ”

Source: Ghana|Joy News|Joseph Ackah-Blay

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