Justice Gaewu’s political history undermines court neutrality – Inusah Fuseini

A former Ranking Member of Parliament’s Constitutional, Legal and Parliamentary Affairs Committee, Alhaji Inusah Fuseini, has launched a scathing attack on Ghana’s Supreme Court.

This follows the apex court’s decision to empanel Justice Ernest Gaewu in the ongoing case challenging Speaker Alban Bagbin’s declaration of four parliamentary seats as vacant.

During its hearing on Wednesday, October 30, 2024, the Supreme Court dismissed an objection to Justice Ernest Gaewu’s participation in the case, following arguments by Thaddeus Sory, legal counsel for the Speaker.

Mr. Sory argued that Justice Gaewu’s prior political affiliations as a parliamentary aspirant for the governing New Patriotic Party (NPP) posed a potential conflict of interest that could impact his impartiality. However, the apex court rejected this argument and proceeded with the trial.

Speaking on Starr Today with Joshua Kodjo Mensah and Tutuwaa Danso, the constitutional lawyer said it was highly likely that Justice Gaewu’s rulings might favor the NPP, given his history with them.

“The history of Justice Ernest Gaewu clearly challenges the neutrality of the court. This is someone who contested elections on the NPP ticket and may have an NPP interest at heart, even in the Supreme Court. So, when you see such a person sitting to restrain the Speaker from implementing his decision, you wonder if the judge was impartial at all. Raising this matter and challenging Ernest Gaewu’s participation in staying the Speaker’s order was very appropriate.”

The constitutional lawyer further suggested that the presence of individuals with partisan affiliations from both the NPP and the National Democratic Congress (NDC) on the panel could erode public trust in the judiciary. He proposed that a neutral judge be appointed to ensure fair judgment on the case.