The apex court said Justice Wuni exhibited bias due to the use of the phrase 'severely punished' in a contempt summons to Kennedy Agyapong.
Kennedy Agyapong's contempt charges
The maverick MP is alleged to have "scandalised" and "threatened" the judge and, by extension, the court and bringing its name into disrepute.
Lawyers for Kennedy Agyapong filed a judicial review application at the Supreme Court on Thursday, September 17, 2020, after he failed to turn up before an Accra High Court for allegedly describing a judge as 'stupid'.
He was supposed to appear before Judge Amos Wuntah Wuni for calling him 'stupid'.
The livid MP said on Net 2 TV, "You are a stupid judge. I will face you."
"I am not Anas to take bribe from you," he added in local language Twi.
He stressed: "I will deal with you."
Justice Wuni bias
However, the Supreme Court in a 31-page judgment detailing the reasons why a five-member panel prohibited Justice Wuni from presiding over the MP's contempt case held that "It demonstrates prejudice, bias and in fact amounts to grave judicial indiscretion for a judge to form an opinion on the severity or leniency of punishment to impose on a person who is presumed innocent until proven guilty."
The unanimous decision was written by Justice Yonny Kulendi.
Other members of the panel were Justice Paul Baffoe-Bonnie, who presided, Justices Yaw Appau, Gabriel Pwamang, and Issifu Omoro Tanko Amadu.