14 Lower court judges seek injunction against Judicial Council
The 14 lower court judges who dragged the Judicial Council to the Fast Track High Court over disciplinary proceedings instituted against them for allegedly receiving bribes to compromise their decisions have filed an interlocutory injunction seeking a halt to the disciplinary proceedings.
Advertisement
The applicants want the work of the Judicial Committee of the Judicial Council to be stopped until the final determination of the suit, which was filed on September 11, 2015.
Per their reliefs, the 14 are seeking to halt the work of the Disciplinary Committee of the Judicial Council, which is currently gathering facts for onward submission to the Judicial Council for action.
The plaintiffs are Emmanuel Kofi Sunu, Benjamin Yaw Osei, Kodwo Filson, Seyram Tsatsu Azumah, Isaac Akwantey and Florence Ninepence.
Others are Jacob Amponsah, Alfred K. A. Mensah, Albert Zoogah, Isaac Amoah, Michael Gyamfi Boamah, Paul Alhassan, Stephen Asuure and William Baffoe.
Grounds of application
An affidavit in support of the application filed on behalf of the applicants by Mr Benjamin Yaw Osei stated, among other reliefs, that the Judicial Council was “rushing through summary proceedings against each of us, none of whom has been convicted of the criminal acts alleged against each of us”.
It said the Judicial Council’s disciplinary proceedings against the 14 judges had no legal basis and “in the premises not clothed with jurisdiction to proceed as it is doing and is determined to continue to do”.
“That unless restrained by this honourable court, the defendant’s illegal disciplinary committee will continue to conduct these illegal disciplinary proceedings against each of us, which illegal proceedings are likely to lead to our removal from office under rather dubious and disturbing circumstances,” it said.
Other Trending Stories
According to the applicants, they had suffered and continued to suffer grave hardship, loss and inconvenience as a result of the illegal conduct of the Judicial Committee and its illegal disciplinary committee.
The affidavit added that the applicants would continue to “suffer further grave hardship, loss and inconvenience if our instant application is refused, which hardship, loss and inconvenience cannot be adequately compensated for in damages”.
The suit
The applicants filed the suit premising on the argument that “the law provides that disciplinary proceedings against judicial office holders (such as us) be conducted by a single officer of the High Court or some other judicial officer appointed for that purpose by the Chief Justice”.
They are seeking a declaration that the disciplinary proceedings by the Judicial Council against them are contrary to law and / or due process.
Another relief being sought by the plaintiffs is a “declaration that the panel constituted by the Chief Justice to institute disciplinary proceedings against plaintiffs has no legal basis and, therefore, is null and void”.
Investigations
Meanwhile, the 14 judges are being investigated alongside eight others for allegedly receiving various sums to free accused persons charged with different crimes.
Background
Twelve justices of the High Court have also been accused of taking bribes and are being investigated.
More than 100 members of staff of the Judicial Service have been caught on tape in a three-hour video extorting money, receiving bribe or engaging in sex.
The video, detailing the forms the corruption took, shows how 34 of the culprits, said to be judges at the High, the Circuit and the District courts, took bribes, including goats and foodstuffs.