Following their dismissals from office as justices of the High Court after an expose´ by investigative journalist Anas Aremeyaw Anas, Justice Ayisi Addo, Justice Uuter Paul Dery, and Justice Mustapha Habib Logoh who swore to not relent on the President’s decision have taken the case to the court of the Economic Community of West African States to file an appeal.
Their removal came as a result of a recommendation by the Chief Justice, Justice Sophia Akuffo to the President after a committee established by her outfit investigated a complaint lodged against the three judges by Mr Anas Aremeyaw Anas.
“The President, in accordance with the provisions of Article 146(9) of the Constitution, has acted on the recommendations of the Committee, as the Constitution enjoins him to do, and has, accordingly, removed the three Justices of the High Court from office on the grounds of bribery and corruption,” said a release signed by Director of Communications, Eugene Arhin.
The plaintiffs are seeking the following reliefs:
1. A declaration that the removal of the Applicants from office as Justices of the High Court by the Defendant violates the Applicants rights to fair hearing as enshrined in Article 10 of the Universal Declaration of Human Rights; Article 14 of the International Covenant on Civil and Political Rights: and Article 7 of the African Charter on Human and Peoples Rights.
2. A declaration that the determination by the defendant that the Applicants have committed a criminal offence under the laws of Ghana without giving the Applicants a hearing violates the Applicants rights to fair trial as enshrined in Article 10 of the Universal Declaration of Human Rights; Article 14 of the International Covenant on Civil and Political Rights; and Article 7 of the African Charter on Human and Peoples’ Rights.
3. An order nullifying the disciplinary committee’s report.
4. An order restraining the Ghana Police Service or any institution from taking any action on the disciplinary committee’s report.
5. An order reinstating the Applicants in office with full benefits and without loss of seniority.
6. An order of compensation for breach of the Applicants' rights.
The application further stated that the defendant constituted a committee “in violation of the Applicants’ rights to be heard, conducted the said investigations in the absence of the Applicants and found them culpable and recommended their removal from office”.
“My Lords, the committee also established that Applicants committed a criminal offence. The Defendant, thus, directs that the committee’s report be submitted to the Police for further action. My Lords, it is respectfully submitted that the Defendant violated the Applicants rights to a fair hearing and fair trial as enshrined in international treaties to which the Defendant is a party. The Applicant thus invokes the jurisdiction of this court for the rights endorsed herein,” parts of the suit stated.