The Chief Justice together with two other justices of the Supreme Court, namely Justice Henrietta Mensa-Bonsu and Justice Samuel Asiedu have held a majority agreement to squash the certiorari application and appeal mounted by investigative journalist, Anas Ameyaw.
The three justices argued that High Court judge, Justice Eric Baah, didn’t err in his March 2023 pronouncement, citing that the judge did no wrong using those strong/crude words on Anas in his judgement.
They however referred Anas to resort to an appeal instead of asking the Supreme Court justices to preside over a certiorari application if he’s hoping to analyze a judge’s verdict.
“I am particularly piqued and disturbed by this invitation not only because judgements must necessarily be treated as sacro, but also because the supervisory jurisdiction of this court conferred in article 132 of the 1990 constitution is mirrored by a parallel jurisdiction conferred by article 141 of the 1992 constitution,” the Chief Justice stated in her conclusion remarks.
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“In order to question or asses the correctness or otherwise of any findings of fact, statement of opinions, and conclusion, this court, as a matter of law, ought to be seized with the full record of proceedings. I would dismiss the application for certiorari as unsupported by the material before us,“ she added..
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In the minority opposing judgement led by Justice Emmanuel Yonny Kulendi and supported by Justice Issifu Omoro Tanko Amadu, the two were of the opinion that, while Justice Baah effortlessly defined the confinement of what defamation is, his lack of tact in executing it, created a hate impression and bias towards Anas.
“Again, in the discharge of his or her [judge] judicial mandate, the exhibition of antagonism, whether overt or subtle, on the part of a judge against a party, may rightly give rise to justiciable allegations of bias,” Justice Kulendi stated.”Similarly, the use of certain language or personal conduct of a judge might provide a basis for the allegation of bias and might affect the legal integrity of the conclusions drawn that ultimately form the basis of the judgement rendered.”
“I must express my admiration for the Learned Trial Judge’s elaborate and erudite evaluation of the law on defamation. While I expected that based on the law so propounded, the Learned Trial Judge would apply same to the facts and evidence, the Learned Trial Judge unfortunately did not just descend into the arena of conflict but, pursued a line of what in my view is an improper reliance on extraneous matters against the Applicant which were not relevant in the determination of the suit but associate the Applicant with criminality,” Justice Amadu concurred.
On November 28, 2018, Anas Ameyaw Anas went to the High Court to seek some reliefs against the member of parliament for Assin Central Constituency, Kennedy Agyapong, over what he deemed a threat to his personality and his modes of engagement of his work.
Unfortunately for him, High Court Judge, Justice Eric Baah, didn’t find his application worthy of being acquiesced by the court. The judge denied his application.
Anas, unsatisfied with that verdict, decided to petition the Supreme Court in a certiorari application against the High Court Judge’s judgement. The ruling on that case was delivered on February 28, 2024.
Anas was denied his reliefs, with a 3-2 majority against him.
READ THE FULL JUDGEMENT BELOW
THE REPUBLIC VRS THE HIGH COURT , ACCRA , EXPARTE ANAS AREMEYAW ANAS