Ofori Vrs Ecobank Ghana Limited & 2 Ors [2022] GHASC 81 (19 May 2022)

Ofori Vrs Ecobank Ghana Limited & 2 Ors [2022] GHASC 81 (19 May 2022)

The degree and nature of Justice Torkornoo's prior involvement and her explicit adverse findings regarding the Plaintiff's credibility in the related High Court matter create a real likelihood of bias, warranting her disqualification from the review panel.

Citation
[2022] GHASC 81
Parties
Plaintiff/applicant/respondent: Daniel Ofori; Defendant/respondent/applicant/respondent: Ecobank Ghana Limited; 4th Defendant: Securities and Exchange Commission; 5th Defendant: Ghana Stock Exchange
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
19 May 2022
Procedural Posture
Civil Motion / Application for Review and Application for Disqualification of Judge
Outcome
Application for disqualification of Justice Torkornoo granted; panel to be reconstituted.
Legal Topics
Recusal of Judge, Likelihood of Bias, Review of Supreme Court Decision
Source Language
English
Judicial Ethics Civil Procedure Recusal of Judge Likelihood of Bias Review of Supreme Court Decision

Case Brief

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Parties

Daniel Ofori

Plaintiff/applicant/respondent

Ecobank Ghana Limited

Defendant/respondent/applicant/respondent

Securities and Exchange Commission

4th Defendant

Ghana Stock Exchange

5th Defendant

Procedural Posture

Civil Motion / Application for Review and Application for Disqualification of Judge

Legal Issues

  1. 1 Whether Justice Gertrude Torkornoo should be disqualified from hearing the review application due to prior involvement in related proceedings at the High Court
  2. 2 Whether the prior judicial comments create a real likelihood of bias

Ratio Decidendi

The degree and nature of Justice Torkornoo's prior involvement and her explicit adverse findings regarding the Plaintiff's credibility in the related High Court matter create a real likelihood of bias, warranting her disqualification from the review panel.

Court Disposition

Application for disqualification of Justice Torkornoo granted; panel to be reconstituted.

Orders

  • Panel for hearing the application for review shall be reconstituted.