Dery Seeks To Stop Judge

The Supreme Court has adjourned the hearing of an application by Justice Utter Peter Dery for certiorari and prohibition against Justice Gertrude Torkonoo, the Appeal Court judge who dismissed his application to have investigative reporter Anas Aremeyaw Anas  jailed for contempt over the screening of his audiovisuals in which the embattled judge and others were allegedly caught taking bribes.

Justice Dery wants the trial judge to recuse herself from hearing any matter concerning his case and has also filed an application seeking to quash the decision of Justice Torkonoo for dismissing the contempt application.

He also wants the court to nullify decisions the Appeal Court judge made in the course of hearing their applications to stop Anas from screening the audiovisuals at the Conference Centre.

Hearing of all the three applications was adjourned to January 7, 2016 by a Clerk of the Supreme Court as the justices did not sit.

Tiger Eye PI was represented by Atik Abubakar while Nii Kpakpo Addo was there for Justice Dery.

Justice Dery had filed three suits at the High Court against Tiger Eye PI and Anas as well as the New Crusading Guide and other media houses over the screening of the video, suits which were all dismissed.

Justice Dery also filed another writ against Anas for screening the audiovisuals in Kumasi, which is being heard in a High Court.

The embattled High Court judge is seeking 10 reliefs against Tiger Eye PI, a private investigative firm owned by Anas, the Chief Justice and the Attorney General as the first, second and third defendants respectively.

Justice Dery is one of the 12 High Court judges caught on video allegedly taking bribes to pervert justice.

Twenty-two Circuit Court judges and magistrates involved in the judicial bribery scandal are also facing disciplinary action and some have been sacked without benefits.

Reliefs
The High Court judge wants the court to declare that the CJ, Mrs Georgina Theodora Wood, acting through the judicial secretary's press release dated September 11, 2015 in which he and 11 other judges were said to be involved in the bribery scandal, acted in contravention of the 1992 Constitution.

The judge who said he was bringing the action in his capacity as a citizen of Ghana and a justice of the Superior Court is also seeking the original jurisdiction of the court and wants a declaration that the committee set up by the Chief Justice to investigate the corruption scandal in the judiciary was null and void.

Justice Dery is seeking a declaration that the publication of the petition on the massive corruption in the judiciary to the President by Tiger Eye PI in the media contravened Article 146 of the 1992 Constitution.

The judge also wants the court to declare that Tiger Eye PI, acting through its Chief Executive Officer (CEO) and acting editor of the New Crusading Guide, Anas Aremeyaw Anas, in releasing the contents of the petition through publications in the New Crusading Guide, his personal Facebook page as well as public screening of the audiovisuals at the conference centre, violated Article 146 of the Constitution.

In addition, he is seeking a declaration that the said petition presented by Tiger Eye PI to the President was null and void and in contravention of the Constitution and consequently all issues arising out of the contents of the petition be declared null and void.

He consequently wants a perpetual injunction against any body set up or whatsoever described from determining any issues arising out of the contents of the said petition.

Furthermore, he wants an injunction restraining Tiger Eye PI, its agents, assigns, servants among others from further publicising, distributing or disseminating any proceedings against the plaintiff.

The judge believes any committee set up or body that would purport to deal with the matter should be stopped by the court  and that he would welcome any orders that the highest court of the land might deem fit.

BY Fidelia Achama