Two of the 34 judges accused of taking bribes are expected to be interrogated later Friday by the police Criminal Investigations Department (CID) despite fierce criticism against the move.
Police say the judges have responded to their invitation and should report to them by close of day, Friday October 9.
However, Counsel for of the judges expected to appear before CID say the police are breaking the law.
Capt. (Rtd) Nkrabea Effah Datteh, lawyer for Justice Gilbert Ayisi-Addo who is expected to appear before the police probe says the process is fundamentally flawed.
“I think the Attorney-General should take a second look at the action being taken by the police especially in matters concerning the 12 judges of the superior courts,” he said.
His client, Justice Gilbert Ayisi-Addo, a superior court judge, was one of seven justices suspended by President John Mahama on Tuesday over the bribery scandal.
Nkrabea Effah Datteh says he is prepared to challenge the CID process in court if he gets the nod from his client.
John Ndebugri, who represents some 14 lower court judges implicated in the scandal also says the police are wrong in their attempts to interrogate the judges.
He said the law states that if criminal proceedings are instituted against holders of a judicial service post, disciplinary proceedings on any grounds involved in the criminal charge “shall not be taken until the conclusion of the criminal proceedings and the determination of any appeal therefore”.
He adds that the police cannot even begin criminal investigations unless somebody makes a complainant. He wants to know if the police are proceeding with a formal complainant.
He suspects a sense of over-enthusiasm has seized some state institutions leading them to disregard procedures in order to please the public.
“Things are becoming muddier and muddier because of the frenzy that has been created in the public. I am really getting lost” Ndebugri said Thursday.
He insists an accused person irrespective of the evidence against him still has rights guaranteed by the law.
Meanwhile, Police say they will forward finalised details of the criminal investigations to the Attorney General for prosecution.
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