Dery asks court to hold on suit

Justice Paul Uuter Dery, one of the High Court judges implicated in the judicial bribery scandal, has asked the Accra High Court to hold on to all applications filed before it.

This is because of a pending motion filed at the Supreme Court by Justice Dery seeking to invoke its original jurisdiction.

In a letter addressed to the High Court titled: ‘Notice of Pending Suit in the Supreme Court’, lawyer for the plaintiff, Nii Kpakpo Asamoa said.

“Our client wishes us to bring to your attention that the issues that he has asked the Supreme Court to determine are matters that speak to the heart of the issues raised in the ongoing suit in this honourable court.”

“In view of this, we humbly ask that the pending case in this honourable court be stayed until the final determination of the matter in the Supreme Court.”  

Justice Dery went to the Supreme Court to challenge the impeachment process against him by the state.

He averred that Anas’ petition to President John Mahama contravened Article 146(8) of the 1992 Constitution.

Article 146(8) of the 1992 Constitution 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 law or other experts of his choice”.

Relying on this constitutional provision, the plaintiff prayed the Supreme Court to declare as illegal, the conduct of Anas for releasing the contents of the petition through publications in the Daily Crusading Guide newspaper, his Facebook page and public screening of the video at the Accra International Conference Centre on September 22.

Among other reliefs being sought by him is a declaration that the Chief Justice, acting through the Judicial Secretary’s press release dated September 11, naming the plaintiff as one of the 12 High Court judges involved in the “Bribery Scandal,” was in contravention of Article 146(8) of the same constitution.

Justice Dery also wanted a declaration that “all proceedings, however and whatever described arising out of the contents of the petition be considered null and void”.

He is also seeking a perpetual injunction against any adjudicating body however or whatever described, from determining any issues arising out of the contents of the petition.

The plaintiff is further seeking the Supreme Court to grant an order restraining any adjudicating body, however described, from determining any issues arising out of the content of the said petition filed by Anas Aremeyaw Anas and his Tiger Eye PI team, pending the outcome and the instant suit before the Supreme Court.

A perpetual injunction restraining the defendants, their agents, assigns and servants, from further publishing, printing, reporting, broadcasting, advertising and disseminating the contents of the petition.

By Malik Sullemana        

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