Abraham Amaliba - Lawyer

A Private Legal practitioner, Abraham Amaliba has filed a motion to withdraw as counsel for Assin North MP, Joe Gyakye Quayson.

Abraham Amaliba on May 12, accused Justice Kwasi Boakye, the trial judge of bias, in a case in which Michael Ankomah Nimfah, a resident of the Assin North Constituency, is challenging the eligibility of Joe Gyakye Quayson as MP.

In the suit, Michael Ankomah Nimfah is alleging that the MP held dual citizenship at the time of filing his nomination to contest the 2020 Parliamentary elections and thus was not qualified.

When given the opportunity, Lawyer Amaliba couldn’t substantiate the accusation of bias, thus his application was refused.

He alleges that on the day the matter came up for settlement of the issues for trial, the presiding judge, Justice Kwasi Boakye, made a comment to the effect that Article 94(2) (a) applies at the time of filing the nomination forms.

Consequently, on Tuesday, Abraham Amaliba, filed a motion saying, his continuous presence in the matter as counsel for the MP while holding a conviction that the judge had predetermined the matter, will not be in the interest of his client and the administration of justice.

Mr. Amaliba explained that although his application was refused, he was still of the conviction that the likelihood of bias still exists, so he could not be a party to such an enterprise.

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 matter as his counsel. I pray for my name to be removed from the records as the attorney of the MP.”

Counsel for the applicant, Frank Davies, expressed his unhappiness about the turn of events. He stated that Mr. Amaliba could have simply withdrawn from the case and another lawyer substituted so the case could continue. He, however, indicated the applicant would continue to submit himself to the directions of the court.
“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 presiding Judge, Justice Kwasi Boakye, adjourned the case to the 1st day of June when Mr. Amaliba is expected to move the motion for his withdrawal from the case. The court will also take a decision on the stay of proceedings filed by the legal team of the Assin North MP if at the adjourned date, the Assin MP has secured the services of another lawyer.