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Zeqblog Blog of Monday, 2 December 2024
Source: Okine Isaac
A woman from Ghana petitions the president about the actions of an Appeals Court judge.
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File photo: The petition alleges misconduct in the handling of a bail appeal for her husband
Justice Afia Serwah Asare-Botwe's appointment as an Appeals Court judge is being challenged by Mrs. Rayne Nana Serwah Axim in a petition to President Nana Addo Dankwa Akufo-Addo.
A bail appeal for her husband, Mr. Daniel Axim, the former Operations Manager of the Microfinance and Small Loans Center (MASLOC), is alleged to have been handled improperly in the petition.
Due to the offenses he committed while working at MASLOC, Mr. Axim was tried, found guilty, and given a five-year prison sentence.
Mrs. Sedinam Tamakloe, his co-accused, fled during the trial.
Mrs. Serwah Axim expressed her displeasure with Justice Asare-Botwe's actions during her husband's bail hearing in a November 28, 2024, petition entitled "In the Matter of Article 146 of the Constitution of Ghana: Petition by Mrs. Serwah Axim for the Removal of Justice of the Superior Court (Appeals Court) on Grounds of Stated Misbehavior."
The bail hearing was held on October 17, 2024, according to Mrs. Axim.
She said that Justice Asare-Botwe entered the courtroom and sat next to her without knowing who she was while her attorney was making arguments.
Despite feeling uneasy, Mrs. Axim chose to watch the judge's conduct.
According to the suit, Justice Asare-Botwe used her cellphone to message the state prosecutors and made notes during the hearing.
The judge allegedly left the courtroom three times to phone the prosecutors regarding the texts she had sent via WhatsApp or SMS.
Mrs. Axim further asserted that she looked directly at the state prosecutors following the third occasion, which validated her concerns of improper behavior.
Although the bail was eventually denied, the application was postponed until October 24, 2024, for a decision.
According to the petition, the judge's decision was the result of a cooperative effort to keep Mr. Axim incarcerated. Mrs. Axim has asked for Justice Asare-Botwe to be removed under Article 146 of the Constitution, which describes the procedure for dismissing superior court justices due to misconduct or incompetence, because she feels that her alleged actions compromise judicial impartiality.
