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Today in Court, the Presiding Judge of the Cape Coast High Court refused an application made on behalf of the respondent, James Gyakye, NDC MP for Assin-North in the ongoing election petition challenging the validity of his election.

Counsel for respondent made an oral application to the court for the judge to recuse himself on the basis of the judge having predetermined the matter based on a comment he made in the course of the hearing. Counsel submitted that sometime during the hearing, the judge had stated that he was unsure whether when the law says you should have renounced your citizenship, it should be before the filing of nominations or not. He further submitted that by the said statement, the judge had pre-determined the matter and could not continue to hear it.

The judge in refusing the application noted that the respondent had decided to make an oral application in a High Court rather than coming by a written and formal application setting out their case. He further noted that there is no record of the statement attributed to him anywhere in the Court and he has no personal recollection of the events alluded to by counsel for respondent.

In the absence of any proof by respondent, he could not recuse himself from hearing the matter.

Interestingly, respondent has participated fully in the trial to its conclusion in spite of his allegations.