Kuapa Kookoo Cooperative Cocoa Farmers and Marketing Union (KKFU) and 20 ORS have petitioned the Chief Justice and other stakeholders against a chief high court registrar, Ustarz Hamza, over an alleged foul transfer of court case.
In a petition letter addressed to the Ashanti Regional Supervising High Court Judge, and copied to the Chief Justice, the Ashanti regional administrator of the judicial service and the chief registrar, Ustarz Hamza, the group wants the Ustarz Hamza to be investigated over what they term as unprofessional and unethical conduct of transferring a case.
"Your Lordship, it is our petition that the unprofessional and unethical conduct of the Chief Registrar of the High Court, Kumasi, Ustarz Hamza concerning his conduct in transferring the above suit C12/68/23 from High Court 5 to High Court 8 without the prior approval or directive of the Chief Justice be investigated.
"We have pieces of information which suggest that Mr. Ustarz Hamza has taken huge sums of money from the defendant, hence his unprofessional and unethical conduct", part of the petition reveals.
The group also want the Supervising High Court Judge in the Ashanti Region to thoroughly investigate the circumstance under which their suit C12/68/23 was transferred from High Court 5 presided over by Justice Ali Baba Abature to High Court 8 presided over Justice George Krofa Addae.
The petitioners however want their suit to be withdrawn from Justice George Krofa Addae as he has already recused himself from all Kuapa Kokoo cases before him.
According to them (herein the petitioners), Justice George Krofa Addae who was once sitting on similar case was petitioned against to recuse himself from all the cases after he displayed a gross bias in his judgement in favour of Fatima Ali, herein the defendant.
"Your Lordship, we wish to put on record that similarly cases relating to the 1st Petitioner were placed before Justice George Krofa Addae for which a petition was written against him for his seemingly display of bias towards the defendant herein to the Chief Justice. Also, processes were filed before him to recuse himself from all the cases", the petition said.
According to them, when they entered the High Court 5, presided over by Justice Ali Baba Abature, they were shocked to be informed that the case had been transferred to High Court 8, presided over by Justice George Akrofa Addae.
The group cannot understand why Justice George Krofa Addae who has been recently petitioned against to recuse himself from all cases involving Kuapa Kokoo would still be made to sit on the same case.
William Kusi, lawyer for the petitioners had informed them of receiving a hearing notice from the registry of the Court, signed by Ustarz Hamza that the case which had been heard before Justice Ali Baba Abature’s Court on two occasions would be heard again on Monday, June 19, 2023.
Meanwhile, the petitioners said they are reliably informed that when a case has been properly filed before one Court, it is only the Chief Justice who can direct for the case to be placed before a different court and a judge.
But, a petition signed by 21 cocoa farmers of KKFU on June 16, 2023, has quoted Lawyer Kusi as stating that no such transfer has been ordered by the Chief Justice.
They therefore pray their respondent(s) be thoroughly investigated according to the aforementioned facts they have laid.