Ghanaian woman petitions president over conduct of Appeals Court judge

Mrs. Rayne Nana Serwah Axim has submitted a petition to President Nana Addo Dankwa Akufo-Addo, seeking the removal of Justice Afia Serwah Asare-Botwe from her position as an Appeals Court judge.

The petition alleges misconduct in the handling of a bail appeal for her husband, Mr. Daniel Axim, the former Operations Manager of the Microfinance and Small Loans Centre (MASLOC).

Mr. Axim had been tried, convicted, and sentenced to five years in prison for multiple offences related to his role at MASLOC.

His co-accused, Mrs. Sedinam Tamakloe, absconded during the trial.

In a petition dated November 28, 2024, titled “In the Matter of Article 146 of the Constitution of Ghana: Petition by Mrs. Serwah Axim for the Removal of Justice of the Superior Court (Appeals Court) on Grounds of Stated Misbehaviour,” Mrs. Axim raised concerns over Justice Asare-Botwe's conduct during the hearing of her husband's bail application.

According to Mrs. Axim, the bail hearing took place on October 17, 2024.

She stated that while her lawyer was presenting arguments in court, Justice Asare-Botwe entered the courtroom and sat beside her, unaware of who she was.

Mrs. Axim claimed she felt uneasy but decided to observe the judge’s actions.

The petition alleged that Justice Asare-Botwe took notes during the hearing and used her cellphone to send messages to the state prosecutors.

On three occasions, the judge allegedly left the courtroom to make calls to the prosecutors about the messages she had sent via SMS or WhatsApp.

Mrs. Axim further claimed that after the third instance, she made eye contact with the state prosecutors, which confirmed her suspicions of impropriety.

The bail application was adjourned to October 24, 2024, for a ruling, but the bail was ultimately denied.

The petition asserts that the judge’s ruling was a collaborative effort to ensure Mr. Axim remained in prison. Mrs. Axim believes Justice Asare-Botwe’s alleged conduct undermines judicial impartiality and has requested her removal under Article 146 of the Constitution, which outlines the process for removing superior court judges on the grounds of misconduct or incompetence.