Justice Francis Yaonansu Kpegah and Nana Addo Dankwa Akuffo-Addo

JUSTICE FRANCIS Yaonansu Kpegah, a retired justice of the Supreme Court who was thrown out by a Motions Court for bringing a frivolous action against Nana Addo Dankwa Akufo-Addo, yesterday withdrew an application to invoke the supervisory jurisdiction of the Supreme Court.

The former Supreme Court Judge had earlier filed an application for judicial review of the decision of Justice Ofori-Atta, an Accra Fast Track High Court judge to go ahead and hear his allegations that Nana Akufo-Addo was not a member of the Ghana Bar Association.

The applicant raised the issue of the likelihood of bias on the part of Justice Ofori-Atta, who hails from the same area with Nana Akufo-Addo, and stated that the judge should have stopped hearing the application.

The withdrawal motion which was before the Supreme Court, presided over by Justice Sophia Adinyira, was dated September 9, 2013.

When the case was called, Godfred Yeboah-Dame, counsel for Nana Akufo-Addo, prayed the court to exercise its authority within Article 129 of the Constitution. But Justice Adinyira stated that the matter before them did not fall under the said Article.

According to the justice, the court did not need to go into the details of the case if the applicant was withdrawing it and said if the case was taking place at the Fast Track High Court, it could not be struck out by the Supreme Court and explained that the court could only play a supervisory role.

The court consequently struck out the case, but counsel for Nana Akufo-Addo wanted GH?10,000 cost.

Justice Kpegah was initially thrown out by Justice Cecilia Hanson Sowah and subsequently took the issue to another court, presided over by Ofori-Atta. It was there that he raised the likelihood of bias before going ahead to invoke the supervisory jurisdiction of the Supreme Court.

Neither Kpegah nor his lawyer, David Annan, was present.

The court awarded costs of GH?2,000.

Justice Kpegah claims Nana Addo Dankwa Akufo-Addo was impersonating a certain William Addo Dankwa Akufo-Addo.

In the ruling against Justice Kpegah in the first instance, Justice Hanson Sowah, the trial judge, struck out the matter because the retired judge failed to plead facts to his allegation.

Justice Sowah held that Justice Kpegah did not provide any fact or detail of the said WAD Akufo-Addo he was alleging that the NPP candidate was impersonating.

According to Justice Sowah, if the retired Supreme Court judge had done a diligent search, he would have found out that Nana Addo Dankwa Akufo-Addo was the one and the same person as WAD Akufo-Addo, who is in the roll of lawyers as Number 1190 and called to the bar on July 8, 1975 after stating that ?it is a person who is called to the bar and not a name?.

Justice Sowah, who observed that the plaintiff (Kpegah) had not challenged the fact that Nana Addo Dankwa and WAD Akufo-Addo were referring to the same person, quizzed the basis on which the allegation stood and accordingly dismissed the action as being frivolous and vexatious.

 By Fidelia Achama


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