Police can arrest two indicted retired judges- Lawyer

A constitutional lawyer and lecturer at the Ghana School of Law says the indicted retired judges do not enjoy immunity from being arrested and prosecuted.

The two, Justice Yaw Ansu Gyeabuor and Justice F.K. Opoku could face prosecution for acts of corruption.

They were among some 32 judges caught on camera allegedly collecting bribes to pervert justice.

Even though the Chief Justice has constituted a committee to investigate the matter and possibly take punitive measures against the alleged corrupt judges still in active service, the two on retirement appear to have been left off the hook.

Investigative journalist Anas Aremeyaw Anas, and his Tiger Eye company which investigated the corruption scandal have petitioned the Inspector General of Police to arrest and investigate the two.

The Chief Justice Georgina Theodora Woode has already given the indication that nobody will be spared.

"No dishonorable member of the profession will enjoy immunity or impunity.

"Beyond waiting to investigate complaints that are lodged with it, we are in the process of setting up an office of an investigative commissioner whose job it will be to proactively investigate and process cases of ethical abuse by lawyers and hold them to account by the General Legal Council," she said.

Speaking to Joy News on the possibility of the retired judges being arrested and prosecuted, Mr Poku Adusei said the police cannot be stopped by any immunity from arresting the retired judges.

"For immunity purposes, anytime you are performing your judicial functions, the constitution grants you some immunity from certain acts that are done in the exercise of your judicial power."

He explained however that "the action to which you are immune to arrest and prosecution must be actions acceptable within the law."

He said if a judge engages in an illegal activity, as in the case being made against the judges, they will not be covered by any immunity.

Mr Adusei explained further that the police have wide powers of arrest but must have a complaint or must have a reasonable cause to arrest a person after conducting their own investigation.

With Anas lodging a complaint with the IGP, the lawyer said the police can go ahead to arrest the two retired judges.