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In a unanimous decision by justices of the apex court, it ruled that the High Court judge cannot rule in the matter since he was the target of the alleged insult by the maverick MP.
Using the infamous Montie 3 as case study, they said the judges who were affected by their utterances didn't rule on the case.
His lawyer Alexander Afenyo Markin said this to media after the ruling. "The Supreme Court having found in our favour our allegation of bias and procedural irregularities against the High Court Judge, has today [Wednesday], prohibited the High Court Judge from dealing specifically with this matter. By law, since the prohibition is in place, it means that all proceedings by the judge are again a nullity."
"Meaning everything must start afresh with new procedures followed. We respect the court, we are thankful to the Supreme Court. It’s been our case to have this matter resolved and that has been our posture,” he said.
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Kennedy Agyapong
Mr. Kennedy Agyapong’s lawyers invoked the supervisory jurisdiction of the Supreme Court for orders of certiorari and prohibition against Justice Amos Wuntah Wuni’s hearing of the case.
They argued that Justice Wuni assumed jurisdiction in a matter that he wrongly assumed concerned him. They also insisted that Justice Wuni demonstrated extreme hostility towards the lawmaker during the trial and even refused to be persuaded by any legal reasoning in the course.
Kennedy Agyapong is on trial for allegedly calling Justice Wuni a fool on a television programme on Net 2 TV.