In the matter of Tony Lithur Vs. Justice Abban

Lawyer Tony Lithur has told the dailyEXPRESS through an aide that he is ever ready and will gladly prove his allegations against Appeal Court Judge, Justice Henrietta Abban if given the chance.

Mr. Lithur, who has taken over the brief for incarcerated Dan Abodakpi (a former Trade minister), stunned the court and the entire country when he challenged Justice Abban to deny that she was the person who influenced Justice S. T. Farkye to jail his client.

Abodakpi was jailed 10 years after he was found guilty of willfully causing financial loss of $400,000 to the State.

dailyEXPRESS has learnt that Mr. Lithur’s direct acquisition and manner of tabling the allegation in open court is indicative of the fact that he is prepared to prove the allegation.

A number of lawyers the dailyEXPRESS spoke to suggested that Tony Lithur is usually a very meticulous lawyer who will not make an allegation that borders on a Judge acting contrary to the judicial oath and also committing a criminal act without any basis.

Analysing Mr. Lithur’s allegation, a senior lawyer indicated that in proving the allegation, Abodakpi’s lawyer must convince the mini trial that indeed, it was Justice Abban who called out her colleague Justice Farkye out of the courtroom while delivering his judgment.

Mr. Lithur must again prove that indeed, the details of any conversation between the two Judges, if at all there was a conversation, influenced Judge Farkye’s ruling and the 10-year jail term.

Another lawyer, who described Mr. Lithur as a colleague back in law school said one of the critical issue in the ensuing matter will be for Justice Farkye to confirm that it was indeed his female colleague who called her out while delivering his judgment and the details of the conversation influenced him.

That, according to the lawyer, will mean that Justice Farkye, an Appeal Court Judge is not fit for the high office he occupies.

But a source close to Lawyer Lithur insists that discussing any of the points raised by colleague lawyers will amount to divulging how he intends to prove his allegation.

He disclosed that a formal letter has been sent to the Chief Justice describing what happened in court at the last sitting, and detailing why Justice Henrietta Abban cannot be on the panel to hear Mr. Abodakpi’s appeal.

It was further explained to the dailyEXPRESS that should Justice Abban withdraw from the panel, the Chief Justice will be required to replace her. If she however insists on challenging the allegation, then there will be a mini trial at which Mr. Lithur is very much prepared to prove his case against her.

Mr. Lithur according to the source is hoping that the lady Judge will excuse herself from the bench, but is also ready for a mini trial, if that option comes up.

Justice Henrietta Abban, one of three judges hearing an appeal filed by Dan Abodakpi has strongly denied the allegations made by the lawyer, and indicated that she will prefer a mini trial to clear her name.

Abodakpi, a former Trade Minister, stood trial with the late Victor Selormey, a former deputy Minister of Finance on counts of conspiracy to commit crime, defrauding by false pretences and willfully causing a total loss of ¢2.73 billion to the State.

The fraud was said to have been committed when Abodakpi and the late Victor Selormey co-chaired a Trade and Investment Programme (TIP).

The two were said to have caused the transfer of $400,000 during Abodakpi’s tenure in office as Minister from a TIP interest account lodged with ECOBANK Ghana Limited into the personal account of the project consultant, Dr. Frederick Boadu.

The amount was in respect of a feasibility study for the establishment of a Science and Technology Community Park/Valley Project which was meant to enhance the export of non-traditional products.