[1992]DLSC848February 24, 1992Supreme Court

REPUBLIC vs. COURT OF APPEAL; EX PARTE APONSAH

The applicant, a legal practitioner of about 22 years’ standing, was the appellant in a civil appeal pending before the Court of Appeal. He appeared in that appeal fully robed and sought, while also being a party, to participate in the argument although counsel had appeared for him. He complained that the Court of Appeal ordered him to remove his wig and gown, denied him audience, refused him leave to reply, and generally conducted the proceedings unfairly. He therefore invoked the Supreme Court’s supervisory jurisdiction seeking certiorari and/or prohibition to quash the proceedings of 17 and 18 June 1991 and restrain the panel from delivering judgment. Portion of judgment pointing to this: “The applicant is a legal practitioner of some 22 years standing at the bar… The applicant had come to the Court of Appeal to argue a civil appeal which involved him personally as the appellant… The applicant has brought his motion praying the court for: ‘Orders of certiorari or prohibition or both on the grounds of gross irregularities amounting to denial or breach of natural justice…’”

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JUDGMENT OF OSEI-HWERE JSC. The applicant is a legal practitioner of some 22 years standing at the bar. On Monday, 17 June 1991 he appeared fully-robed before the Court of Appeal (coram: Lamptey, Adjabeng and Ofori Boateng JJA) with Mr. Ben Annan who the applicant describes as junior counsel. The applicant had come to the Court of Appeal to argue a civil appeal which involved him personally as the appellant and the second respondent herein as the respondent. According to the applicant when the appeal was called, Mr. Ben Annan announced that he appeared for the applicant (then the appellant) and that he was being led by the applicant himself. Upon that announcement the applicant alleges that Mr. Peter Ala Adjetey, counsel for the respondent, objected to his being robed since he was himself a party. At that prompting, the court ordered that he should doff his wig and gown. He believed that after he had been disrobed in court he would be accorded the right of audience but that this was...