Abraham Amaliba, according to MyJoyOnline alleged that the judge had shown partiality in the case and cannot be trusted to be an independent and objective umpire.
The report states that Abraham Amaliba held in court on May 12 that a comment by the judge which sought to establish Article 94 (2)(a) was in full force at the time of the filing of the nomination was an indication of bias.
Article 94(2)(a) provides that “A person shall not be qualified to be a member of Parliament if he owes allegiance to a country other than Ghana.”
Amaliba as per the report argued that his decision to discontinue his role as counsel for the MP is due to his conviction that it will be a disservice to his client for him to continue as lawyer in a case presided over by a biased judge.
He is reported to have expressed his desire to have the judge recuse himself from the case.
He stated: “that based on this conviction, I have intimated to the Assin North MP of my inability to continue as his counsel and I hereby wish to withdraw myself from the mater as counsel for the Assin North legislator. I pray for my name to be removed from the records as the attorney of the MP.”
But the lawyer for the applicant, Frank Davies said he suspected that the conduct of Amaliba was a clandestine plan to delay the hearing of the case. I don’t understand lawyer for the application
He protested that Amaiba could have just substituted himself and allow a new lawyer to continue.
“This is a grand plot to delay the case by the team on the other side but we will continue to submit ourselves to the court processes,” he stated.
The case has meanwhile been adjourned to June 1 with Amaliba expected to move the motion for his withdrawal from the case.
The eligibility of Joe Gyakye Quayson who won the 2020 elections on the ticket of the NDC is being challenged by one Michael Ankomah Nimfa who claims the MP had dual citizenship at the time of the elections.