Justice Eric Baah temporarily sits on Anas-Kennedy defamation case
CJ approves request for judge by lawyers of Kennedy Agyapong
Investigative journalist, Manasseh Azure Awuni, has questioned the unilateral decision by a party in a case to write to the Chief Justice, seeking for a particular judge to sit on the case, and getting that request granted.
He was reacting to the decision by Chief Justice, Kwasi Anin-Yeboah, to admit a petition in the case of Anas Aremeyaw Anas suing the Member of Parliament for Assin Central, Kennedy Agyapong, for defamation, in 2018.
The Assin Central MP had written to the CJ requesting of him to admit Justice Eric Baah as the substantive judge on the case, as against Justice Gifty Addo who had been handed the case.
This was after Justice Daniel Mensah (the Dormaahene), who initially started handling the case in 2018, was in 2020 transferred to Tema.
In his absence, Justice Eric Baah was asked to temporarily handle the case until the new judge, Justice Addo, was brought in.
But the lawyers for Kennedy Agyapong, on the blind side of the complainant, Anas Aremeyaw Anas, wrote to the CJ, requesting rather for Justice Baah to be handed over the case to superintendent over.
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In their reasons, the lawyers for the defendant had stated less knowledge on the case by Justice Gifty Addo as being the reason they rather preferred Justice Baah.
“I am aware that a new Judge has been posted to the High Court, General Jurisdiction Division 2. It will take some time for the record of proceedings to be put together for the new Judge. She will need further time to study the record to familiarize herself with it to enable her effectively continue it. She also does not have the benefit of the demanour of the witnesses so far,” the request to the CJ stated in part.
Eventually, this request was granted, with the lawyers for the complainant, Anas Aremeyaw Anas, only finding out after they went to court for a sitting.
Reacting to this while sharing details he had personally gathered on the case, Manasseh Azure Awuni, questioned the rationale behind such a decision by the CJ, Kwasi Anin-Yeboah, to grant the request of the lawyers of the defendant, without conferring with the complainant.
“I’m not a lawyer but I’m wondering whether it is normal for one party in a case to write to the Chief Justice to suggest a judge without the knowledge of the other party, and have that wish granted.
“And per the reasons given by the defendant, if, for any reason, Justice Eric Baah is unable to continue working as a judge, won’t the case continue with another judge who may not "know the demeanour" of the witnesses?” Manasseh asked in a post on Facebook.
The anti-corruption investigative journalist also stated all the facts of the case as he knows them in the post below.
