Anas exposé: 2 Judges dismissed

Two justices of the High Court, Messrs Justice Kofi Essel Mensah and Justice Francis K. Opoku, have been removed from office with effect from April 19, this year.

President John Dramani Mahama, in a letter dated April 12, 2016, accepted the recommendation for their removal from office by the committee set up by the Chief Justice, Mrs Justice Georgina Theodora Wood.

The committee was set up to investigate the petition submitted by Anas Aremeyaw Anas of Tiger Eye PI for their removal on grounds of stated misbehaviour.

It was established by the Chief Justice, in accordance with Article 146 (4) of the 1992 Constitution, after she had determined that a prima facie case had been established against the justices.

Justice Francis K. Opoku

In the case of Mr Justice Opoku, a second petition for his removal from office was submitted to the President by the Judicial Council on October 29, 2015 on grounds of stated misbehaviour and incompetence following complaints about his failure to sit regularly as a justice of the High Court at the High Court in Bolgatanga.

A statement signed and issued by the Judicial Secretary, Mr Justice Alex B. Opoku-Acheampong, said the committee, after its investigations into the petition by Anas, found that Mr Justice Opoku had engaged in ex-parte discussion with agents of Anas in respect of the case: Webajuwa Bazilyem vs. Kaponga Kunipwah, contrary to Rule 3 (7) of the Code of Conduct for Judges and Magistrates of Ghana.

It further said Mr Justice Opoku received money from the petitioner and his team with a promise to satisfy the wishes of the party in a case that was pending before him.

“The committee concluded that his conduct constituted stated misbehaviour, contrary to Article 146 (1) of the 1992 Constitution and Rule 3(7) of the Code of Conduct for Judges and Magistrates in Ghana.

“In respect of the second petition against him, the committee found that Justice Opoku’s dereliction in the performance of his duties and continued absence from duty at the High Court, Bolgatanga, had eroded public confidence in the Judiciary in the region and portrayed him as incompetent. It concluded that his conduct constituted stated misbehaviour and incompetence, contrary to Article 146 (1) of the 1992 Constitution,” the statement said.

Justice Kofi Essel Mensah

It said in the case of Mr Justice Essel Mensah, the committee found that he had held ill-intentioned discussions with Gabriel Achana, a court staff member, about a bail application in the case of The Republic vs Mohammed Nii Bahh, with the prospect of receiving valuable consideration. 

It said the committee further found that the judge secretly discussed the application for bail with the petitioner, after which the petitioner gave an amount of GH¢5,000 to him through Achana.

It said the committee concluded that the judge’s conduct amounted to impropriety which had undermined public confidence in the integrity and impartiality of the Judiciary, contrary to Rule 2 (A) of the Code of Conduct for Judges and Magistrates.

Return of official properties

The statement said following their removal from office, both judges were to hand over their bungalows and all official property in their possession, including their official government vehicles, dockets and record books, to the judicial secretary, forthwith.

The Director of Human Resource of the Judicial Service had also been requested to ensure that their names were deleted from the payroll of the service with effect from April 19, 2016.