Justice Brobbey found no evidence in support of allegation

Accra, June 26, GNA - Mr Justice S.A. Brobbey did not find evidence to support the complaint that Mrs Justice Henrietta Abban, an Appeal Court Judge, influenced the 10-year jail term imposed on Mr Dan Abodakpi.

A press release Mr Alex B. Poku Acheampong, Judicial Secretary, signed on Thursday said: "Justice Brobbey found no evidence in support of the allegation by Mr Tony Lithur that there was a conversation between Justice Farkye and Justice Abban, which had direct impact on the Judgement on Mr Abodakpi's case."

The release was in response to a front page story published in the 25th June 2008 edition of the "Enquirer" newspaper, under the headline: "Justice Abban's Alleged Judicial Interference: CJ Asked To Release Report."

The release said: "In the said news story, Mr Tony Lithur, counsel for Mr Dan Abodakpi, is reported to have called on Her Ladyship (sic) the Chief Justice to make public the report of an enquiry into the allegation that Mrs Justice Henrietta Abban influenced the 10-year jail term imposed on Mr Dan Abodakpi."

The release said: "As far back as May 27th 2008, Her Ladyship (sic) the Chief Justice had authorised the release of the report, the summary of which is stated below:

"Mr Tony Lithur, counsel for Mr Dan Abodakpi, registered a complaint that on the 5th of February, 2007, while Justice Farkye was reading his judgement on Abodakpi's case, he was called by Mrs Justice Abban and the two had a conversation 'which had direct impact on the judgement that Justice Farkye read'.

"Her Ladyship (sic) the Chief Justice, Mrs Georgina T. Wood, upon receipt of the complaint instituted a committee chaired by Dr Justice Seth Twum to investigate the allegation. "In the process of investigation, Dr Justice Seth Twum went on retirement leading to the appointment of Mr Justice S.A. Brobbey to conduct the enquiry.

"Hon (sic) Mr Justice S.A. Brobbey invited Hon (sic) Mr Justice William Atuguba, Hon (sic) Mrs Justice Henrietta Abban and Hon (sic) Justice Mr S.T. Farkye, who were alleged to have been present in the conference room where the alleged meeting, discussion or conversation took place as well as Mr Lithur.

"Mr Tony Lithur's response to the invitation in the last but one paragraph of his letter is quoted below: "'While I am not aware of the nature of the inquiry that has been ordered and its possible impact on the process that we are currently pursuing through the courts (sic) I wish respectfully to indicate that my instructions are to have this matter judicially determined with the relevant consequences for the liberty of my client. I am therefore unable to participate in a purely administrative proceeding or investigation on this matter as I had previously indicated to Dr Justice Seth Twum.'

" Mr Tony Lithur, therefore, did not appear before the inquiry or participate in it. Mrs Justice Henrietta Abban, Mr Justice William Atuguba and Mr Justice S.T. Farkye all denied having discussion or conversation on that day 5th February 2007 in relation to Mr Dan Abodakpi's case.

"It is relevant to mention here that contrary to your assertion that the Hon (sic) Mr Justice William Atuguba said he was present when Her Ladyship (sic) Mrs Justice Henrietta Abban and the Hon (sic) Mr Justice S.T. Farkye were bargaining over Mr Abodakpi's years in jail, the Hon (sic) Mr Justice William Atuguba's testimony as is captured in the Hon (sic) Mr Justice Brobbey's report is as follows:

"'Justice Atuguba was next called to the investigation. He testified that he was in the conference room when Justice Abban entered it and Justice Farkye was called in. He attempted to leave but was told by the two Judges to stay on which he did. He maintained that he sat at a far corner of the room and did not hear whatever went on between Justice Farkye and Justice Abban. He added that Mr Tony Lithur is not his friend and he does not know him, apart from the times he appeared before him in the Supreme Court to argue cases on behalf of litigants. He stated that he could not make him out if he met him on the street.'" 26 June 08