CJ Committee on Vikileaks dismisses petition against Oye Lithur
The Judicial Council has, following a recommendation by the Chief Justice Committee that probed the Election Petition judgment allegations by Ms Victoria Hamah, dismissed the petition.
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The petition filed by the New Patriotic Party represented by its General Secretary, Kwadwo Owusu Afriyie, had asked for a probe into claims that the Gender, Children and Social Protection Minister, Nana Oye Lithur may have influenced some or all the nine judges who heard the 8-month long petition that sought to overturn the outcome of the December, 2012 presidential election.
According to a letter dated 31st December, 2013 and signed by the Judicial Secretary, Justice Alex Poku-Acheampong which is addressed to Nana Oye Lithur, the committee chaired by Dr. Justice S. K. Date-Bah found no evidence to prove the allegation contained in a secretly recorded conversation between former Deputy Communications Minister, Victoria Hamah and others.
The Committee submitted its report to the Judicial Council on December 19, 2013.
“The Committee stated in the report that there was no evidence available to it to prove the allegation by Ms. Victoria Hamah that you influenced some or all the Supreme Court Justices who sat on the Presidential Election Petition or also played a role in the outcome of the case.
“On the basis of the above, the Committee reached the conclusion that the statement allegedly made by Ms. Hamah could not be substantiated and therefore the petition should be dismissed.
“The Judicial Council at the said meeting accepted the report of the Committee that the allegations could not be proven and the petition should therefore be dismissed.”
The seven-member probe committee had the Asante Asokorehene, Nana Susubribi Krobea Asante; a former President of the Ghana Bar Association (GBA), Mr Frank W.K. Beecham; the current President of the GBA, Nene A.O. Amegatcher; Mrs Joyce N. N. Ocloo; Mrs Ellen Odartey Laryea, with the Judicial Secretary, Mr Justice Alex Opoku-Acheampong, as the secretary.
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The Attorney-General, Madam Marietta Brew Appiah-Oppong, who was originally named as a committee member, recused herself on the basis of personal relations with Nana Oye Lithur and to avoid any conflict of interest situation.
Legal bigwigs Martin A.B.K Amidu and Sam Okudjeto later crossed swords in a legal battle over the constitutionality of the committee, with the former dismissing the role assigned it as unconstitutional while the latter argued it was within legal bounds.