ONE of the 12 high court judges cited in the judicial bribery scandal is trying to stop the public airing of the audio and video footage scheduled for September 22.
Justice Paul Uuter Dery, went to the Accra Fast Track High Court yesterday, to file a suit against Anas Aremeyaw Anas, who is the investigator, challenging the legality of the intended public screening of the video.
The suit, filed on his behalf by Addo and Addo Legal Attorneys is also seeking an injunction on the video because the alleged visual recordings constitute a breach, and transgress all rules of justice, fair- play and equity.
Joined to the suit is the Chief Justice, Mrs. Georgina Theodora Wood, and the Attorney-General, Marrieta Brew Appiah-Opong.
A statement of claim accompanying the writ of summons averred that the premiering of the alleged video and audio visuals at the Accra International Conference Centre on September 22 and 23, would be illegal and only meant to incite public hatred against the plaintiff.
It said also that the plaintiff was not given enough time to respond to charges of alleged misconduct levelled against him as provided by law.
It is also the case of the plaintiff that the immunity granted Anas, who is the Chief Executive of Tigereyepi, was illegal as he was not a whistle-blower within the legal definition provided under the law, but a person who sought to malign the plaintiff for profit, personal gain and fame.
It contended that the said video and audio had not been subjected to any cross-examination or passed any admissibility test before any court or judicial committee as required by law.
The statement also noted that the Chief Justice, in the exercise of her discretionary powers under Article 146 of the 1992 Constitution was bound by the provisions of Article 296 of the same constitution.
It said the Chief Justice could not rely on the contents of the illegality procured audio visual recordings to establish a prima facie case against the plaintiff.
Among the reliefs they are seeking are a declaration that Anas’s act of secretly recording private discussions with the plaintiff constituted a violation of the plaintiff’s right to privacy.
They also wanted a declaration that the Chief Justice, her privies, agents, assigns and successors could not rely on the contents of the illegally procured audio visual recording.
A declaration that any purported immunity granted by the Attorney-General to Tigereyepi, its Chief Executive Officer, Anas Aremeyaw Anas, its privies, agents and assigns is unlawful and of no effect.
They also prayed for a declaration that the Chief Justice could not arrive at a fair determination as to whether a prima facie case had been established against the plaintiff by relying on the content of the petition filed by Anas.
The statement prayed the court to award cost including legal fees and general damages against Tigereyepi and Anas.
By Malik Sullemana