Court Rise with Martin Kpebu: Episode 5

Because among others, for the judge, there were a number of things that Anas didn’t explain.

That’s a hundred thousand dollars (US$ 100,000.00).

It is said that because of that money that Anas received, that is how come Babatunde eventually was not prosecuted alongside other persons for some crimes.

So just hold on to this concept that you can jump straight from the High Court to the Supreme Court if you can show that the judge has committed a very big mistake, big blunder, such that as soon as you even look at a document or the judgment, that blunder hits you in the face, that blunder stares you.

It is at this point that the bench had divergent views.

Now, the majority was of the firm opinion that the statements that Anas alleged to have evidenced the apparent bias or the real likelihood of bias indeed do not evince such bias.

His Lordship Justice Asiedu took great pains to reproduce these statements seriatim or let me just say produce them one by one and made a determination that first and foremost it is the duty of a judge to make findings of facts based on the evidence that have been presented on the record and that making judicial findings cannot be what we call or characterize as evincing bias.

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This is what the Supreme Court of Canada said and this is what his Lordship Yoni Kulendi purported to paraphrase in his own judgment that the Supreme Court of Canada said this excess of jurisdiction can be remedied by an application to the presiding judge which in the lower courts would be the High Court for disqualification if the proceedings are underway that is if the trial is still in progress for an order of prohibition that so the order of prohibition is what the Supreme Court of Canada called disqualification.

His Lordship Justice Asiedu said that the trial judge found exhibits KOA4 to be a video covering the applicant herein (Anas), one Amakye, a sheikh, an Arabian and a black man.

And so assuming he had been able, and mind you, Anas had been able to disrupt the judicial system in this country up to its hierarchy, to the extent that a number of judges were removed.

And so if it had been an appellate’s judgment in which he said that, then he would have been excused.