ESSILFIE -BONDZIE, JA (PRESIDING)
GEORGE AMOO, C.A. NO. 42/99. IN THE COURT OF APPEAL ACCRA – GHANA TWUMASI, JA. CIVIL APPEAL NO.: 42/99. THE REPUBLIC VRS. 1. NATIONAL ELECTORAL COMMISSION : RESPONDENT/APPELLANT 2. MRS. REBECCA ADOTEY : 2ND RESPONDENT/APPELLANT EX -PARTE: GEORGE AMOO : APPE LLANT/RESPONDENT
RULING
ESSILFIE -BONDZIE, JA: On the 21st March 2000 when the Court a ssembled to hear the above case Mr. Peter Ala Adjetey counsel for the Respondent raised an objection for the panel of this Court to be reconstituted excluding me. In recounting his reasons for the objection, learned counsel submitted that when the case was last called counsel for the parties were called by the then panel into chambers. The president for the Court then was Mr. Justice Benin. He went on, that while in chambers he indicated to the panel that he would take objection to the participation in the appeal of any of his Lordships who had taken part in the proceedings which commenced before Mr. Justice Gbadegbe and which is now on appeal before the Supreme Cour t dealing with an a spect of this very case. He said, the basis of his objection was that since the panel in that case was unanimous in dismissing the case of Mr. Amoo it would be unfair and justice would not be seen manifestly to be done if any member of t he panel who took a position adverse to Mr. Amoo would now participate in this appeal which is seeking to set a side Ruling in favour of Mr. Amoo. Learned counsel further stated “it is a practice of the Court that when a judge has dealt with an a spect of a case he disqualifies himself from participating in the same matter when it is brought to Court” Mr. Peter Ala Adjetey then said that when he brought these matters before Mr. Justice Benin in Chambers, the latter disqualified himself from dealing with the matter. He is therefore expecting an entirely new panel, which would bring a fresh approach to th is matter. In his reply Mr. Samuel Cudjoe learned counsel for the 2nd Respondent/Appellant submitted that the case had been unduly delayed. That the impression is sometime given in the press that his client wanted this case to be unnecessarily prolonged. It should th erefore be on record that the
