Supreme Court gives ruling on Justice Dery application February 4

Supreme Court gives ruling on Justice Dery application February 4

The Supreme Court will on February 4, 2016 ,deliver its judgement on whether or not to annul a petition which is calling for the removal of Mr Justice Paul Uuter Dery, a justice of the High Court, for corruption.

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The court announced the date after parties had filed their written submissions and indicated they had nothing more to add.

The Judicial Service was rocked in what might go down in Ghana’s history as the biggest scandal to hit the Judiciary, when 32 judges and magistrates, including Mr Justice Dery and more than 100 staff of the Judicial Service, were caught on tape receiving bribes from ace undercover investigator Anas Aremeyaw Anas and his Tiger Eye PI team.

 Substantive suit

Justice Dery is asking the Supreme Court to dismiss a petition filed by Tiger Eye PI, which is calling for his removal for allegedly engaging in a corrupt practice.

According to him, the petition should be declared null and void because its contents had been leaked in contravention of  Article 146 (80) of the 1992 Constitution.

His writ is seeking to invoke the original jurisdiction of the Supreme Court to declare among other issues that the publication of Tiger Eye’s petition to the President in the media, as well as the public screening at the AICC of the evidence (video), and the Judicial Council's naming of the judges involved in the “Bribery Scandal” in a press release on September 11, 2015, contravened Article 146 (8) of the 1992 Constitution and was, therefore, unconstitutional.

 Stop impeachment

He wants the Supreme 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.

Mr Justice Dery holds the view that the content of the video was procured illegally and for that reason he could not be impeached based on the content.

 New writ

Mr Dery and another High Court judge, in another suit, are challenging a move by the Judicial Council to halve their salaries.

The two, who are being investigated alongside others for allegedly taking bribes to influence their decisions, are also questioning why all their allowances except rent should be suspended.

Justices Dery and Gilbert Ayisi Addo are, therefore, invoking the original jurisdiction of the Supreme Court in their quest to have all their entitlements restored to them.

The two were caught on the famous Anas video allegedly taking bribes. The video was shown on September 22 and 23, 2015 at the Accra International Conference Centre (AICC).

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