Justice Dery seeks disqualification of a judge over claims of bias

Embattled High Court judge, Justice Paul Uutter Dery, has once again taken his suing spree to the Supreme Court, but this time, to stop a Court of Appeal judge from hearing his case involving ace investigative journalist, Anas Aremeyaw Anas and four others on claims of bias.

In his latest action, Justice Dery  wants the Supreme Court to disqualify Justice Gertrude Torkornoo, who has been assigned to hear all cases related to the Anas corruption scandal,  from hearing his legal suits.

Justice Dery claims Justice Torkornoo “exhibited bias or a real likelihood of bias when she dismissed” his contempt case against Anas and four others on September 29 without giving him a hearing.

The embattled judge who was named among 22 High Court judges caught in a video allegedly taking bribes from litigants to influence their decisions, went to the High Court to stop Anas and the four others from publicly screening the said video on September 22 and 23.

He said notwithstanding the said application for both interlocutory and perpetual injunction, Anas and his agents went ahead to screen the video publicly prompting the contempt action against them.

But in the latest action, Justice Dery said Justice Torkornoo “breached the audi alteram partem [listen to the other side] principle of natural justice when she dismissed the contempt action suo moto [on her own]

Meanwhile, he has petitioned the Chief Justice on the matter, and filed an appeal at the Court of Appeal against the dismisal of the contempt case grounding it on claims that the  judge erred when she heard the matter on the September, 29 instead of the scheduled date October 12 without notifying him.

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Justice Dery is already in the Supreme Court on his zeal to exonerate himself from the alleged bribery quagmire.

In that application, 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.

The application 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.

By Stephen Kwabena Effah|3news.com|Ghana