Three of the 22 High Court Judges indicted in the judicial corruption scandal, have filed a suit against Chief Justice Georgina Theodora Wood, as 1st defendant and the Attorney-General as 2nd defendant over Mrs Wood’s use of a private legal practitioner instead of the Attorney-General to represent her in a contempt case filed against her by one of the three.
Justices Paul Uuter Dery, Habib Logoh and Gilbert Ayisi Addo, argue that the Chief Justice cannot use a private lawyer to represent her in the case when the 1992 Constitution stipulates that the Attorney-General must be her lawyer.
Justice Dery and Logoh are engaged in a labyrinth of legal suits against the Chief Justice in connection with impeachment proceedings started against them by Mrs Wood following their outing by investigative journalist Anas Aremeyaw Anas as bribe-taking judges, in a two-year undercover work which busted 34 judges in total.
In their latest suit, the three justices are praying the Supreme Court to declare that “upon a true and proper interpretation of Article 88(1) and (5) of the 1992 constitution, it is only the Attorney-General, the 2nd defendant herein, who has a constitutional responsibility to represent the Chief Justice, the 1st defendant herein, as lawyer in all civil actions against the latter in any court in Ghana.”
“A declaration that upon a true and proper interpretation of Article 88(1) and (5) of the 1992 constitution, the Chief Justice, 1st defendant herein, acted unconstitutionally when she purportedly instructed Kizito Beyuo, a private legal practitioner, to represent her as lawyer in suit No. J1/2/2017 pending in this court, which suit is challenging the official acts of the chief justice, the 1st defendant herein.
“A declaration that upon a true and proper interpretation of Article 88(1) and (5) of the 1992 constitution, Kizito Beyuo, a private legal practitioner, acted unconstitutionally when he entered appearance for the Chief Justice, the 1st defendant herein, in suit No. J1/2/2017 pending in this court, which suit is challenging the official acts of the Chief Justice, the 1st defendant herein.”
They are, therefore, seeking the court to declare as "null and void", the appearance entered on behalf of the Chief Justice by Mr Beyuo.