Lawyers for Dr. Tia Mahama Kabiru, the disputed parliamentary candidate-elect for the New Patriotic Party (NPP) in the Walewale constituency, have filed a motion requesting that trial judge Justice Richard Kugyapwah recuse himself from the case.
The motion, filed on Monday, July 1, 2024, alleges that the judge held a secret meeting with the plaintiff and made prejudicial pronouncements.
The motion also asserts that on June 26, while granting an interlocutory application for the inspection and production of the ballot box and voter’s register, Judge Kugyapwah “expressed a view extempore in a tone and manner confirming he will not give the defendants a fair hearing.”
The affidavit accompanying the motion states that the judge has compromised his oath and code of independence and impartiality by giving a private audience to the plaintiff while the suit was pending.
It further claims that the judge’s statements on June 26 touch on material controversies in the suit, prejudging the issues to be determined in the substantive case.
The court had earlier confirmed receipt of the electoral materials it subpoenaed last week and was set to begin a case management hearing before the motion was filed.
Dr Kabiru’s lawyers had already appealed the decision to grant the interlocutory application for the inspection and production of the ballot box and voter’s register.
The case has been adjourned to Tuesday, July 2, 2024.
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