Supreme Court's Chambers Justice, Yamie Quiqui Gbeisay on Friday, December 13, sent former Finance Minister Samuel Tweah and his co-defendants economic sabotage case back to Judge Blamo Dixon of Criminal Court 'C' with a strong mandate to resume jurisdiction and proceed in keeping with the law.
Gbeisay, who is an Associate Justice, gave the mandate days after he declined to issue an order to demand a review of Judge Dixon's decision to grant Tweah and his co-defendants property valuation bond in the amount of US$8 million.
Judge Dixon had repeatedly argued that his decision is based on Article 21 (d) of the 1986 Constitution, despite the Ministry of Justice (MoJ) contention that he was in error when he granted the bond and prevented Tweah from going to jail. This is the argument that Justice Gbeisay supported by not issuing the writ.
That article says, "All accused persons shall be bailable upon their personal recognizance or by sufficient sureties, depending upon the gravity of the charge, unless charged for capital offenses or grave offenses as defined by law. Excessive bail shall not be required nor excessive fines imposed, nor excessive punishment inflicted."
However, after failing to use the bond situation to remove Judge Dixon who has been seen as a nightmare for the prosecution's case, the next possible alternative means could be judicial rotational rule.
This rule gives the Chief Justice legal backing to assign and reassign trial judges to any circuit Courts in the country.
The rule, title: Assignment of judges to Circuits Courts states that the Chief Justice of the Supreme Court shall assign, on a rotating system, a Circuit Judge to each quarterly session of the various circuits and if all business before a circuit court is disposed of before the expiration of a quarterly session, the Chief Justice shall have the power to reassign the Circuit Judge assigned thereto to sit for the balance of the quarterly session in any other circuit in addition to the Circuit Judge currently assigned there, if he deems such reassignment will aid the prompt disposition of judicial business.
Another provision on the opening dates of the Circuit Courts states also that each judicial circuit shall meet four times a year in quarterly sessions. The First, Second, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, and Fourteenth Judicial Circuits of the Circuit Court shall open their quarterly sessions on the second Monday in February, May, August, and November in each year.
The quarterly sessions of these circuits shall be entitled the February, May, August and November sessions.
It is highly unlikely that Judge Dixon will be maintained to the court for the February 2025 Term of Court, knowing very well that he had been assigned there for two consecutive court terms, August and November of 2024.
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Prosecution is now hoping that Justice Yuoh does not reassign Dixon to the court. If Dixon is maintained, the possibility of Tweah getting justice very soon is far from his imagination. Since Tweah volunteered himself to return to the country, in September of this year, initially the prosecution showed that they have a particular sense of urgency to convict the defendants, which is becoming an illusion, as they took the November Term for only bond argument.
The defense team had repeatedly criticized what they suggested was a political prosecution brought under laws, to deny the defendants of their constitutional rights.
