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Dery loses again; SC throws out case against CJ, Anas

By Myjoyonline.com
General News Dery loses again; SC throws out case against CJ, Anas
THU, 04 FEB 2016 LISTEN

The Supreme Court has dismissed a suit brought by Justice Paul Dery seeking to quash impeachment proceedings against him.

The court said even though there is some merit in his argument, the matters in issue are too weighty to be ignored simply on the basis of technicalities.

Justice Dery is one of 12 High Court judges accused of trading justice for money.

Journalist Anas Aremeyaw Anas and his Tiger Eye PI which collected evidence against the judges petitioned the president to remove them from the Bench.

The Chief Justice Georgina Theodora Wood initiated impeachment proceedings against the judges.

Justice Dery has been filing cases upon cases against his removal.

He brought a case at the Supreme Court arguing that Anas and Tiger Eye PI breached the constitution by publishing the contents of the audio-visual recordings which formed the basis for the petition against him.

He further stated that the Chief Justice also breached Article 146 of the constitution by writing and making public letters relating to the proceedings.

The relevant Article states that " 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 lawyer or other expert of his choice."

Justice insisted that the publication of the letters and contents of the videos constituted a clear violation of this provision.

To that extent, he asked the Supreme Court to declare the petition against null and void and to effect.

He also wanted the proceedings of the Chief Justice to be stopped.

In its ruling Thursday, the Supreme Court agreed that it was wrong for Tiger Eye PI to publish the contents of the evidence.

It, however, held that the investigation touched the integrity of the judiciary and could not be stopped because of the technical issues raised by Justice Dery.

The highest court of the land, Joy News’ Kwakye Afreh Nuamah reported, maintained the Chief Justice was empowered by law to lead the process of the investigation.

It, therefore, refused Justice Dery the reliefs he was seeking.

His lawyer, Nii Kpakpo Samoa Addo, told Afreh Nuamah after the ruling that they were not disappointed.

He said they were satisfied that they established the fact that it was wrong for Tiger Eye to publish the audio-visual recordings even before the Chief Justice made a prima facie finding against the embattled judge.

They are expected to bright further cases to court.

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