Minority Leader Cassiel Ato Forson has requested that the judge overseeing his ongoing criminal trial recuse herself, citing allegations of bias.

Dr. Ato Forson, the former deputy Finance Minister, is currently facing charges related to causing financial loss to the state.

He expressed concerns over comments made by Justice Afia Serwaa Asare-Botwe, the presiding judge, while granting his application to summon certain witnesses.

According to Forson, these remarks indicate a bias on the part of the judge.

On June 21, 2023, the lawyers representing Dr. Ato Forson applied to the court for the summons of former Health Minister Alex Segbefia, former Budget Director at the Ministry of Health Patrick Nimo, and former Controller and Accountant General Seidu Kotomah. 

These witnesses had encountered difficulties in appearing before the court to testify, despite filing their witness statements on behalf of Forson.

During the motion hearing, Forson's lawyer, Aziz Bamba, apologised for the absence of their second witness, Seidu Kotomah, as efforts to secure their appearance in court had been unsuccessful.

Prior to granting the motion, the judge cautioned Forson's legal team about the possible consequences of compelling witnesses, including the issuance of arrest warrants if the witnesses failed to honor the summons.

Dr. Ato Forson, however, deems the judge's comments "highly prejudicial" and issued prematurely without factual basis.

He asserts that the absence of a witness does not automatically warrant their arrest but should prompt the court to determine whether the absence was willful or due to a reasonable excuse.

Forson believes that Justice Afia Serwaa Asare-Botwe's emphasis on the potential arrest warrant unsettled and irritated the witnesses, particularly due to media coverage highlighting the judge's remarks.

He states that the witnesses feel portrayed as "common criminals and unpatriotic citizens" who would deliberately disobey a court-issued witness summons.

Additionally, the Minority Leader claims that the judge's decision to revise the case completion plan, resulting in two of his witnesses testifying on the same day, violated his rights to a fair trial under Article 19, which guarantees adequate time and resources for defense preparation.

Consequently, Dr. Ato Forson has requested a stay in the proceedings and the recusal of the trial judge from further involvement in the case.

Meanwhile, the application, originally scheduled to be heard on July 12, was not moved as the judge revealed that Forson's legal team had also petitioned the Chief Justice to assign the case to a new judge.

The trial judge has adjourned the case until July 27, awaiting a decision from the Chief Justice, which will determine the subsequent course of action.