Kpegah's suit against Akufo-Addo thrown out

Kpegah Ailing

Wed, 20 Nov 2013 Source: GNA

The Supreme Court (SC) on Tuesday struck out a motion filed by Mr Justice Francis Kpegah, a retired Supreme Court Judge, challenging the law credentials of Nana Addo Dankwa Akufo-Addo, a former Attorney General

This was after a motion for withdrawal was filed before it. The SC, however, awarded cost of GHc2,000.00 against the retired SC judge.

Justice Kpegah had earlier filed a motion on notice, invoking the supervisory jurisdiction of the SC in relation to an application for judicial review of the high Court’s decision to hear a matter before it despite a complainant wired to the Chief Justice.

The motion which was filed on September 9, 2013 reads “applicant hereby withdraws the motion.’’

The former Supreme Court Judge is questioning Nana Addo Dankwa Akufo-Addo’s law credentials and also accuses him of identity fraud and impersonation. He is seeking the court to declare Nana Akufo-Addo as an impersonator of one W.A.D Akufo-Addo.

Earlier, Mr Godfred Yeboah Dame who represented Nana Dankwa Akufo-Addo prayed the SC to exercise its authority within Article 129 clause (4) of the 1992 Constitution in respect of the matter.

However, the SC presided over Justice Sophia Adinyira noted that the said article, that is Article 129 clause (4) was not applicable in respect of the matter, adding, if the hearing was taking place at the Fast Track Court, it could not be struck out but it (SC) could only play its supervisory role.

Mr Dame therefore prayed for cost of Ghc10,000 cedis to be awarded since they had diligently appeared before the court.

Mr David Annan who represented the retired Supreme Court judge was not in court.

As a result of the challenge, Justice Kpegah proceeded to the Court sat over by Justice Cecilia Hanzy-Sowah, a Court of Appeal Judge who dismissed the writ on the basis that it was frivolous and vexatious.

According to the court, he did not adduce enough evidence to support his allegations against the former Attorney General and Legislator.

The writ was further put before Mr Justice K. A. Ofori-Atta, but Justice Kpegah contended that the trial judge would be biased, hence petitioned the Chief Justice.

The matter further travelled to the Judicial Council after Justice Kpegah petitioned it, but while waiting for the council’s response, he (Kpegah) filed the matter at the Supreme Court only to be withdrawn.

Other members on the SC panel are Justices Anin Yeboah, Sule Gbadegbe, Vida Akoto Bamfo and J. K. Akamba.

Source: GNA