Embattled High Court judge, Justice Paul Uutter Dery has dragged the Director General of the Criminal Investigations Department of the Ghana Police Service to court for inviting him to help in investigations over Anas Aremeyaw Anas exposé in the judiciary.
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Justice Uuter Dery sues CID boss
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Justice Paul Uutter Dery, earlier filed a writ tostop a Court of Appeal judge, Justice Gertrude Torkornoo, from hearing his case and four others on claims of bias.
The indicted judge is also fighting the chief justice Georgina Woode and the Tiger Eye PI firm over moves to impeach him.
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Justice Dery in his Statement of Claim argued that: “Invitation by the 2nd Defendant [the CID boss] to its office to assist in investigations into the allegations levelled against him by the 1st Defendant [Tiger Eye PI] is unconstitutional and unlawful.”
Read the Statement of Claim by Indicted Justice Dery:
a) A declaration that having regard to suit numbers AP 228/15 and J1/29/15, in court challenging the petition filed by the 1st Defendant against the Plaintiff, the 2nd Defendant cannot purport to investigate the Plaintiff.
b) A declaration that on a true and proper construction of Article 127(3) of the 1992 Constitution, the judgment delivered by the Plaintiff in the case titled The Republic v. Kwame Dzato in the exercise of the Plaintiff’s power as a Justice of the Superior Court is immune from a civil or criminal proceedings for any act or omission by the Plaintiff in the exercise of the said power.
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c) A declaration that on a true and proper construction of Article 127(3) of the 1992 Constitution, any complaint lodged by the 1st Defendant with the 2nd Defendant against the Plaintiff in respect of the judgment he delivered in the case title The Republic v. Kwame Dzato in the exercise of the Plaintiff’s power as a Justice of the Superior Court is in contravention of Article 127(3) of the 1992 Constitution and therefore unconstitutional.
d) A declaration that on a true and proper construction of Article 127(3) of the 1992 Constitution, the Plaintiff as a Justice of a Superior Court, cannot be investigated by the 2nd Defendant, its assigns, agents and privies for any act or omission by him in the exercise of his judicial power in the judgment he delivered in the case: The Republic v. Kwame Dzato.
e) A declaration that on a true and proper construction of Article 127(3) of the 1992 Constitution, the Plaintiff as a Justice of a Superior Court, cannot be prosecuted by the 3rd Defendant, its assigns, agents and privies for any act or omission by him in the exercise of his judicial power in the judgment he delivered in the case: The Republic v. Kwame Dzato.
f) A perpetual injunction restraining the 2nd Defendant from commencing any criminal investigation against the Plaintiff in the exercise of his judicial power in the judgment he delivered in the case: The Republic v. Kwame Dzato.
g) A perpetual injunction restraining the 3rd Defendant from commencing any civil or criminal action against the Plaintiff in the exercise of his judicial power in the judgment he delivered in the case: The Republic v. Kwame Dzato.h) Cost including legal fees.i) Any other order (s) that the Honourable Court may deem fit to make.
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