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Ambulance case: Ato Forson demands recusal of judge due to ‘bias’
The Minority Leader, Dr. Cassiel Ato Forson, has accused the Judge presiding over his case involving the purchase of some ambulances of bias.
According to him, the Judge has shown signs of her bias in the ongoing case.
His legal team made this point when they were called to move his application for Justice Afia Serwah Asare-Botwe to recuse herself.
The former Deputy Finance Minister, who is accused of causing financial loss to the state, filed the application following the grant of a witness summons he requested from the court.
His lawyers had asked the court to issue witness summons for some of his witnesses including former Health Minister Alex Segbefia as they were facing difficulties in getting them to appear even though they had filed witness statements.
The judge, Justice Afia Serwah Asare-Botwe, before allowing the motion to be moved, inquired why they resorted to a motion compelling the appearance of the witnesses while admonishing the lawyers of Dr. Ato Forson of the consequences of issuing an arrest warrant for the witnesses if they fail to appear.
His lawyers led by Dr. Bassit Bamba insisted that was the best option due to the difficulty in securing their appearance to testify.
But weeks after this request was granted, lawyers of Dr. Ato Forson applied to the court for the judge to recuse herself on grounds that the admonishment by the judge amounted to bias.
According to the lawyers, the caution by the judge was not only bias but also portrayed their witnesses as criminals who will willfully disobey a court order.
However, when the case was penned down for determination on Thursday, Dr. Bassit Bamba argued that the judge does not even have jurisdiction to hear the application on whether she ought to recuse herself for the alleged bias.
He argued that the judge hearing the matter will amount to her being a judge in her own case.
“The course which we are referring to has to do with certain prejudicial utterances that your ladyship has made in the course of hearing this matter.
Attorney General Godfred Yeboah Dame described the application as unmeritorious.
Source:Fiilafmonline/3News