By In an interview on JoyNews’ The Pulse on Thursday, June 6, a private legal practitioner, Kweku Paintsil, disagreed with the advice of High Court Judge Justice Afia Serwah Asare-Botwe for the Attorney General, Godfred Dame, to recuse himself from the ambulance procurement case.
Paintsil argued that there is no justification for the Attorney General to recuse himself.
He stated, “An advice is an advice; you can take it or leave it. I don’t personally, with due respect, see any justification for the Attorney General to recuse himself from the case.”
The lawyer’s comment follows a sitting High Court Judge’s advice on Thursday for the Attorney General to recuse himself from the ambulance procurement case involving Dr. Cassiel Ato Forson and Richard Jakpa.
The judge cited allegations of professional and prosecutorial misconduct as the basis for the advice.
But Mr Paintsil explained that the specific allegation made against the AG was dismissed by the judge, adding, “I am not too sure that it is going to have any impact on the substantive trial. Even if there is any such allegation that can be proven, it does not hold the substance of the matter before the judge. It is an issue of the conduct of the Attorney General which may be tried in a different forum.”
Mr. Paintsil explained that if the judge had valid reasons to advise the AG’s recusal, she would have the authority to do so. However, he pointed out that in this case, the judge lacks compelling reasons, hence the advice.
As a result, he believes the AG is not obligated to accept advice from a sitting judge. Nonetheless, he acknowledged that if the AG chooses to heed the advice, it would be acceptable.
