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December 21, 2017 | Petitions

High Court Judge dragged to court

High Court Judge dragged to court

Sunyani - A Private Legal Practitioner, Nana Obiri Boahen, has dragged a High Court Judge in Sunyani, Justice John Bosco Nabrese to court for allegedly displaying open bias against a party in an election petition case before him.

Lawyer Obiri Boahen has therefore filed an application for the issuance of judicial review in the form of certiorari and prohibition at the Sunyani High Court against Justice John Bosco Nabrese, who is the trial judge in the said case.

The case involves “a petition challenging the validity of the election of Gabriel Osei as the Member of Parliament of the Tain Constituency in the Brong Ahafo Region and in the matter of Article 99 of the Constitution 1992, the Representation of the People ACT, 1992 (PNDCL 284) as amended and the Public Election Regulations and in the matter Parliamentary elections for the Tain Constituency held on 7th December 2016.”

The Petitioner in the above case is Kwasi Agyeman Gyan-Tutu of Asuafu Badu while Gabriel Osei and the Electoral Commission are the respondents.

Lawyer Obiri Boahen, who is the Counsel for Gabriel Osei, has however raised red flags about the trial judge’s conduct, alleging since the hearing of the case commenced in court, “the trial judge never did hide his pent-up hatred and open bias for the New Patriotic Party.”

“The trial judge – His Lordship John Bosco Nabrese pent-up and unparalleled dislike for our chambers, coupled with his open and bias, disdain, etc. for the New Patriotic party manifested itself on countless occasions ever since the said petition was filed”, Lawyer Obiri Boahen’s affidavit to the Sunyani High Court seeking a judicial review in the form of certiorari and prohibition at the Sunyani High Court against Justice John Bosco Nabrese said in part.

He wondered why on 12 April, 2017, the trial judge ordered the “Exchange of documents” even though “memoranda of issues” had not been filed in court as at the time, saying the learned trial judge ordered the Exchange of documents at the time that issues which the parties intend to rely upon had not been filed and same agreed upon.

“That, unless the learned trial judge was just exhibiting his usual hatred, disdain, contempt, dislike, etc for my good self, my chambers and the New Patriotic Party; no trial judge of a Superior Court of Judicature would order the exchange of documents when issues for the trial have not been agreed upon by the litigating parties and their counsel.”

He further stated that even though he used appropriate channels to register his displeasure about Justice John Bosco Nabrese’s conduct through a “Notice of Appeal”, he remarked that the appeal filed was a ploy to delay the trial of the petition.

“Upon the receipt of the remarks or comments by His Lordship, Justice John Bosco Nabrese; I personally lodged a complaint by writing to the Chief Justice. In order to be fair to Justice Nabrese, I served him with a copy of the letter.”

According to Lawyer Obiri Boahen, the trial judge has “feigned disinterest in the petition” when he realized that “his bias, antics, political affiliation and patronage had been caught pants down.”

Another issue of concern to Lawyer Obiri Boahen is the conduct of two judicial secretaries to the Chief Justice - Justice Juliana Amonoo Neizer (Mrs.) and Mr. Opoku Acheampong.

The two officials are alleged to have issued two different directives in one particular month concerning the same subject matter.

Richard Kofi Boahen, Sunyani

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