[2007]DLSC2445 • February 20, 2007 • Supreme Court •
MUSAH AMADU vs. MAHAMADU MOHAMMED
The applicant sought to invoke the supervisory jurisdiction of the Supreme Court under Article 132 of the 1992 Constitution to prohibit Mr. Justice Simon Suurbare of the High Court, Tamale, from hearing a contempt motion filed by the respondent against the applicant. The applicant alleged bias on the part of the High Court judge based on an alleged friendship with the respondent's principal and counsel, hostility towards the applicant, and bias due to the judge's attitude.
read moreDR. DATE-BAH JSC. This is the unanimous ruling of the court. The applicant has sought to invoke the supervisory jurisdiction of this court pursuant to article 132 of the 1992 Constitution for an order of prohibition, prohibiting Mr Justice Simon Suurbare of the High Court, Tamale from hearing a motion filed by the respondent in this case seeking the applicant’s committal for contempt. The applicant’s grounds set out in his motion paper are: “(i) Friendship or unholy friendship with the principal of the respondent Abukari Chandiba and his lawyer. (ii) Animosity or hostility towards the applicant. (iii) Bias because of the attitude towards the applicant.” The applicant supported his motion with affidavit evidence and the respondent in turn countered that evidence with his own affidavit evidence. Counsel for the respondent, who was accused by the applicant of having conspired with Justice Suubare, also swore to an affidavit which was put in evidence before us. While ...