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Justice Brobbey found no evidence in
support of allegation
Accra, June 26, Ghanadot/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.'"
GNA
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