Justice Dery runs to Supreme Court - To stop impeachment process

A High Court judge caught on video allegedly taking bribe has moved his legal battle to the highest court of the land in his attempt to clear his name.
Mr Justice Paul Uuter Dery is seeking a declaration that the petition filed by Tiger Eye PI, a private company owned by the ace undercover investigator, Anas Aremeyaw Anas, calling for his (Dery’s) removal is null and void.

The judge is arguing that the publication of Tiger Eye’s petition to the President in the media, as well as the public screening of the evidence (video) at the Accra International Conference Centre (AICC) and the Judicial Council's naming of the judges involved in the “bribery scandal” in a press release on September 11, 2015 contravenes Article 146 (8) of the 1992 Constitution and, therefore, unconstitutional.

Mr Justice Dery has so far filed six applications, including motions for interlocutory injunction and contempt, all in his determination to block the video from airing.
He was, however, unsuccessful in stopping the AICC from permitting its premises to be used for the airing of the video and for that reason filed contempt proceedings against the manager of the AICC and UTV, a private television station.
The motion will be heard on Monday, September 28, 2015.

The latest writ

Article 146 (8) of the Constitution, which deals with the removal of a justice of the Superior Court or a chairman of the regional tribunal, states: "All proceedings under this article shall be held in camera, and the justice or chairman against whom the petition is made is entitled to be heard in his defence by himself or by a lawyer or other expert of his choice."
Taking a cue from that, Mr Justice Dery, in his latest writ, wants the Supreme Court to declare that all proceedings initiated by the Chief Justice arising out of the contents of the petition are null and void.
The defendants in the suit are Tiger Eye PI, the Chief Justice and the Attorney-General.
Mr Justice Dery is seeking 10 reliefs from the Supreme Court, including a perpetual injunction against any adjudicating body from determining any issues arising out of the contents of the petition.

According to him, the Supreme Court should restrain the defendants, their agents, assigns and servants from any further publishing, printing, reporting, broadcasting, advertising, publicising, distributing and disseminating of the contents of the petition.
The applicant is also urging the court to declare that the conduct of Tiger Eye PI, acting through Anas, in releasing the contents of the petition containing the evidence in support of the petition through publications in the Crusading Guide newspaper, his personal Facebook page and public screening of the audio-visual recordings at the AICC on September 22, 2015 is in violation of Article 146 (8) of the 1992 Constitution and, therefore, unconstitutional.
He has asked the court to perpetually restrain “any adjudicating body however or whatsoever described from determining any issues arising out of the contents of the petition”.

Stop impeachment

The applicant is also praying the court to grant a perpetual injunction restraining the Chief Justice, her agents, assigns, servants and successors from any further impeachment proceedings against him.
He is further requesting an order restraining any adjudicating body from determining any issues arising out of the content of the said petition during the pendency of the instant suit before the Supreme Court.

Writer’s email: mabel.baneseh@graphic.com.gh