He is invoking the apex court to declare the processes and proceedings that have arisen out of the contents of the entire exposé by investigating journalist Anas Aremeyaw Anas, as having no legal basis.
Justice Dery, who has multiple lawsuits before the High Court, is further praying for a perpetual injunction against any adjudicating body whatsoever from determining any issues arising out Anas’ petition on the matter to President Mahama.
A new application filed Wednesday morning by his lawyer, Justice Dery argues that the publication of Anas’ petition to President Mahama, the release of the contents of the video, plus subsequent steps by the Judicial Secretary amounted to a violation of Article 146 (8) of the Constitution.
Artcile 146 (8) 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.
Read the details of the application filed at the Supreme Court
IN THE SUPERIOR COURT OF JUDICATURE IN THE SUPREME COURT
ACCRA – AD 2015
WRIT INVOKING THE ORIGINAL JURISDICTION OF THE SUPREME COURT SUIT NO:
HIS LORDSHIP JUSTICE PAUL UUTER DERY
House No. B 11 Okpoi Gonno Spintex Road Accra
1. TIGER EYE PI 4th Floor, Ampomah House Olusegun Obasanjo Highway Accra
2. THE HONOURABLE CHIEF JUSTICE OF THE REPUBLIC OF GHANA, Supreme Court Building, Accra
3. THE ATTORNEY GENERAL
Attorney General’s Department Ministries, Accra
IN THE NAME OF THE REPUBLIC, you are hereby commanded within fourteen days after service on you of the Plaintiff’s Statement of Case, inclusive of the day of service to file or cause to be filed for you, the Defendants’ Statement of Case in an action at the suit of: HIS LORDSHIP JUSTICE PAUL UUTER DERY.
The nature of the reliefs sought are as follows:
1. A declaration that the 1st Defendant’s publication of its Petition to the President in the media contravened Article 146 (8) of the 1992 Constitution and therefore unconstitutional.
2. A declaration that the conduct of the 1st Defendant acting through its Chief Executive Officer and Acting Editor of the Crusading Guide Newspaper, Anas Aremeyaw 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 Accra International Conference Centre on the 22nd of September, 2015, containing the evidence in support of the Petition, is in violation of Article 146(8) of the 1992 Constitution and therefore unconstitutional.
3. A declaration that the 2nd Defendant acting through the Judicial Secretary’s Press Release dated 11th September, 2015, naming the Plaintiff as one of the twelve (12) High Court Judges involved in the “Bribery Scandal” is in contravention of Article 146 (8) of the 1992 Constitution and therefore unconstitutional.
4. A declaration that the Petition presented to the President by the 1st Defendant is null and void on account of the 1st Defendant’s contravention of Article 146(8) of the 1992 Constitution.
5. A declaration that all proceedings however and whatsoever described arising out of the contents of the Petition be declared null and void.
6. A perpetual injunction against any adjudicating body however or whatsoever described from determining any issues arising out of the contents of the Petition.
7. A perpetual injunction restraining the Defendants, their agents, assigns, servants, from any further publishing, printing, reporting, broadcasting, advertising, publicizing, distributing and disseminating the contents of the petition.
8. A perpetual injunction restraining the 2nd Defendant, her agents, assigns, servants and successors from any further impeachment proceedings against the Plaintiff.
9. An order restraining any adjudicating body howsoever described from determining any issues arising out of the content of the said Petition filed by the 1st Defendant during the pendency of the instant suit before the Supreme Court.
10. Any other orders that this Honourable Court may deem fit.
The capacity in which the Plaintiff brings the action is as follows:
The Plaintiff brings this action as a citizen of Ghana and a Justice of the Superior Court.
By Stephen Kwabena Effah/3news.com/Ghana]]>