Anas and Dery
Anas and Dery

Mr Justice Paul Uuter Dery is asking the Supreme Court to dismiss a petition filed by Tiger Eye PI, a private company owned by ace undercover investigator, Anas Aremeyaw Anas, calling for his removal.

Anas and Dery
Anas and Dery
According to him, the petition should be declared null and void because its contents had been leaked, in contravention of Article 146 (8) of the 1992 Constitution.

He is arguing that the publication of Tiger Eye?s petition to the President in the media, as well as the public screening at the Accra International Conference Centre (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, therefore, unconstitutional.

The Registrar of the Supreme Court, Mr James Mensah, has since sent hearing notices to the parties in the case.
Mr Justice Dery had filed several applications in his attempt 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, as it was aired on September 22 and 23, 2015 and watched by hundreds of viewers.

The latest writ
His latest writ, filed on his behalf by his lawyer, Nii Kpakpo Samoa of Addo, Addo law firm,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, therefore, unconstitutional.

Article 146 (8), 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, therefore, 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, 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 through publications in the Crusading Guide newspaper, his personal Facebook page, public screening of the audio/visual recordings in support of the petition at the AICC on September 22, 2015, containing the evidence in support of the petition, was in violation of Article 146 (8) of the 1992 Constitution and, therefore, unconstitutional.

Mr Justice Dery is asking 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 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.

Statement of case
A statement of case accompanying the writ indicates, among other issues, that the instant action raised important issues as to whether the leakage of the petition by Tiger Eye PI to the public was unconstitutional and whether the leakage of the said contents rendered the proceedings for the removal of a Superior Court judge, as provided for under Article 146 of the 1992 Constitution, null and void.

It said the plaintiff was seeking the enforcement of Article 146 (8) of the 1992 Constitution in the light of Tiger Eye PI?s alleged breach of the said provision.

?A citizen of Ghana who alleges that his rights have been violated or the provisions of the Constitution have been breached may also bring an action in the Supreme Court for the enforcement or interpretation of the Constitution
?The instant action also raises an important constitutional issue of what will be the effect of a breach of Article 146 (8) of the 1992 Constitution by a petitioner on a petition for the removal of a Superior Court judge under Article 146 of the 1992 Constitution,? the statement of case noted.

The applicant further submitted that the instant action raised an important constitutional matter as to whether the Chief Justice?s publication of the names of the alleged indicted judges of the Superior Court, including the plaintiff, to the media and the public was in contravention of Article 296 of the 1992 Constitution, for which the plaintiff might invoke the original jurisdiction of the Court.

?The plaintiff?s case is that being a justice of the Superior Court, any proceedings and documents in support of a petition for his removal from office should be held in camera and are confidential and are not be published in the public,? the statement argued.

According to the applicant, Tiger Eye PI?s conduct had ?created grave adverse public relations consequences for the Judiciary which is being undermined by the 1st defendant without any justification,? it said, adding that Tiger Eye PI ?was more interested in contravening the provisions of the Constitution of the land than upholding same?.

Source : graphic.com.gh

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