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THE REPUBLIC
V.
THE HIGH COURT, (GENERAL JURISDICTION 10) EX PARTE : KWABENA ADU BOAHENE & ANOR

(2025) JELR 114584 (SC)

Supreme Court 29 Oct 2025 Ghana
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- Supreme Court dismissed the application for prohibition against the trial judge for alleged bias, holding that the Applicants failed to meet the evidentiary threshold for real likelihood of bias; mere suspicion or conjecture is insufficie

Case Details

Suit Number:CIVIL MOTION NO: J5/5/2026
Judges:LOVELACE–JOHNSON (MS), JSC (PRESIDING) ADJEI-FRIMPONG, JSC DZAMEFE, JSC ADJEI, JSC ACKAAH-BOAFO, JSC
Counsel:SAMUEL ATTA AKYEA ESQ. FOR THE APPLICANTS WITH KWABENA NYANTAKYI ADOMAKO ACHEAMPONG ESQ., KWAKU OSEI ASARE ESQ. AND PETER OSEI ASAMOAH ESQ. DR. JUSTICE SREM SAI (DEPUTY ATTORNEY-GENERAL) FOR THE INTERESTED PARTY WITH ESI YANKAH (PRINCIPAL STATE ATTORNEY) AND RAKIYATU ABDULAI ( ASO, EOCO)

RULING

ADJEI, JSC:

The Court, on 29th October, 2025, dismissed the application for prohibition as unmeritorious and adjourned it to 5th November, 2025, for a reasoned ruling to be filed. The Applicant filed an application for prohibition to pray this Court to prohibit the Judge sitting in the High Court, General Jurisdiction “10”, Accra, from proceeding to hear the criminal suit intituled Suit No. CR/0418/2025; The Republic v Kwabena Adu-Boahene, Angela Adjei Boateng, Mildred Donkor and Advantage Solutions Ltd on grounds of bias and real likelihood of bias from four fronds. The grounds for the application were provided as follows:

“(i) His Lordship is caught in a continuing operative bias demonstrated in his prejudgment and/or predetermination of the critical issues of the essence and import of exculpatory evidence in aid of fair trial as spelt out in Article 19 of the Constitution and judicially pronounced upon in the Supreme Court case of Republic v Baffoe-Bonnie & 4 Others [2017-2021]…

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