Embattled high court judge, Justice Utter Peter Dery, who filed a suit at the Supreme Court over the dismissal of his contempt application against investigative journalist Anas Aremeyaw Anas and four others, yesterday withdrew the case.
This was after his counsel, Sika Abla Addo, had failed to convince the panel presided over by Justice Julius Ansah, that there was the real likelihood of bias on the part of the trial judge, Justice Gertrude Torkonno.
Counsel for Justice Dery could not cite an instance where the trial judge said something indicating bias or the likelihood of it, so she consequently withdrew the application seeking to stop Justice Torkonoo to recuse herself from hearing any matter involving the embattled judge.
The contempt suit against Starr FM, an Accra-based radio station; Crusading Guide newspaper; radio presenter, Nathaniel Adisi Anokye aka Bola Ray and ace investigative reporter, Anas Aremeyaw Anas and Tiger Eye PI – an investigative company owned by Anas – was also struck out as withdrawn.
The case will come on today.
Justice Dery has filed suits at the Supreme Court against the Chief Justice and Attorney General over the release by Anas Aremeyaw Anas of an audiovisual recording in which he (Dery) and other 11 judges were alleged to have taken bribes.
Nii Kpakpo Addo was in court for Justice Dery who is seeking 10 reliefs against Tiger Eye PI, the Chief Justice and the Attorney General, as the first, second and third defendants, respectively.
Other panel members of the Supreme Court in the case are Justices Kwasi Anin Yeboah, Paul Baffoe-Bonnie and A.K. Akamba and P. Benin.
The high court judge wants the Supreme Court to declare that the Chief Justice, Georgina Theodora Wood, acting through the judicial secretary’s press release dated September 11, 2015 in which he and 11 other judges were said to be involved in the bribery scandal, was in contravention of the 1992 Constitution.
The judge, who said he was bringing the action in his capacity as a citizen of Ghana and justice of the Superior Court, is also seeking the original jurisdiction of the court and wants a declaration that the committee set up by the CJ to investigate the corruption scandal in the judiciary was null and void.
Justice Dery is seeking a declaration that the publication of the petition on the massive corruption in the judiciary to President Mahama by Tiger Eye PI in the media contravened Article 146 of the 1992 Constitution.
He further wants the court to declare that Tiger Eye PI, acting through its Chief Executive Officer (CEO) and acting editor of the New Crusading Guide, Anas Aremeyaw Anas, in releasing the contents of the petition through publications in the paper, his personal Facebook page as well as public audiovisual recording of the documentary at the International Conference Centre violated Article 146 of the Constitution.
In addition, he is pushing for a declaration that the said petition presented by Tiger Eye PI to the president was null and void and in contravention of the Constitution and consequently all issues arising out of the contents of the petition be declared null and void.
He consequently wants a perpetual injunction against anybody set up or whatsoever described, from determining any issues arising out of the contents of the said petition.
Furthermore, he wants an injunction restraining Tiger Eye PI, its agents, assigns, servants among others, from further publicizing, distributing or disseminating any proceedings against the plaintiff.
BY Fidelia Achama