Three dismissed High Court Judges have filed a suit begging the court to reinstate them as their sacking a violation of their human rights following an exposé by controversial journalist Ana’s Aremeyaw Anas, MyNewsGh.com has filed.
When it broke, seven High Court judges were suspended and subsequently five of them — Justice John Ajet-Nasam, Justice Francis K. Opoku, Justice Ivy Heward Mills, Justice Ernest Obimpeh and Justice Kofi Essel Mensah — were sacked in June 2016 based on the advice of the Judicial Council.
But about five days ago, President Nana Addo Dankwa Akufo-Addo dismissed 3 of the High Court Judges on grounds of bribery and corruption.
The judges, Mr Justice Ayisi Addo, Mr Justice Uuter Paul Dery and Mr Justice Mustapha Habib Logoh, were removed after the Committee established by the Chief Justice, Justice Sophia Akuffo, pursuant to Article 146(4) of the Constitution, to investigate a complaint made against the 3 Judges by Mr Anas Aremeyaw Anas, recommended their removal from office.
A statement issued on Sunday, 16th December, 2018, and signed by the Director of Communications at the Presidency, Mr Eugene Arhin, said President Akufo-Addo, “in accordance with the provisions of Article 146(9) of the Constitution, has acted on the recommendation of the Committee, as the Constitution enjoins him to do, and has, accordingly, removed the three Justices of the High Court from office on grounds of bribery and corruption.”
But the 3 Judges believe their rights have been violated and are praying the court for 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”.
They are also asking for 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”, also calling for “an order nullifying the disciplinary committee’s report.”
Other relievers being sought include:
“An order restraining the Ghana Police Service or any institution from taking any action on the disciplinary committee’s report” and “An order reinstating the Applicants in office with full benefits and without loss of seniority.”
“An order of compensation for breach of the Applicants’ rights.”