Judicial Scandal Dery, two other judges drag CJ, AG to ECOWAS Court

The applicants are seeking for the enforcement of their human rights which they argue have been violated and continue to be violated by the Republic of Ghana.

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Justice Paul Uter Dery, Justice Mustapha Habib Logoh and Justice Gilbert Ayisi Addo, all judges of the high court who were involved in the Anas exposé have dragged the Republic of Ghana and the Chief Justice to the Court of Justice of the Economic Community of West African States (ECOWAS).

The applicants are seeking for the enforcement of their human rights which they argue have been violated and continue to be violated by the Republic of Ghana.

The Judicial Council and the Attorney General have also been named in the writ as third and fourth respondents, respectively.

Ghana was hit with a massive bribery scandal in September 2015, when it was revealed in an exposé by Anas Aremeyaw Anas and his Tiger Eye team, that Superior and lower court judges took bribes from litigants whose cases come before them.

About twenty of the Magistrate and Circuit Court judges implicated in the judicial scandal have been removed from office so far.

But the three applicants argue the decision was a violation of their rights.

They are, therefore, seeking the following reliefs from the ECOWAS court which has its headquarters in Abuja.

1. A declaration that every individual within the territorial jurisdiction of the Republic of Ghana is entitled to the internationally recognised human rights enshrined in the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; and the African Charter on Human and People’s Rights.

2. A declaration that the government of the Republic of Ghana has a duty to respect and uphold and also ensure that every person within the territorial jurisdiction of the Republic of Ghana respects and upholds the internationally recognised human rights enshrined in the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; and the African Charter on Human and People’s Rights.

3. A declaration that the government of the Republic of Ghana has violated and continues to violate the Applicants’ rights to fair trial and administrative justice, enshrined in Article 10 of the Universal Declaration of Human Rights; 2(3)(b); 5(2); and 14(1) of the International Covenant on Civil and Political Rights; and Article 7(1)(a) of the African Charter on Human and People’s Rights.

4. A declaration that the government of the Republic of Ghana has violated and continues to violate the Applicants’ rights to equality before the law and freedom from discrimination enshrined in Articles 2 and 7 of the Universal Declaration of Human Rights; Article 2; 14(1); and 26 of the International Covenant on Civil and Political Rights; and Articles 2 and 3 of the African Charter on Human and People’s Rights.

5. A declaration that the government of the Republic of Ghana has violated and continues to violate the Applicants rights to work enshrined in Article 23 of the Universal Declaration of Human Rights; Article 6 of the International Covenant on Economic, Social and Cultural Rights; and Article 15 of the African Charter on Human and Peoples Rights.

6. A declaration that the government of the Republic of Ghana has violated and continues to violate the Applicants’ rights to privacy enshrined in Article 12 of the Universal Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights.

7. An order prohibiting the government of the Republic of Ghana from continuing with the impeachment and/or prosecution of the Applicants based solely on evidence procured in violation of the Applicants’ rights to privacy enshrined in Article 12 of the Universal Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights.

8. An order directed at the government of the Republic of Ghana to pay with interest the salaries and allowances of the Applicants which it unlawfully suspended since January, 2016 arising out of a petition by Tiger Eye PI/Anas Aremeyaw Anas for their removal from office.

9. An order directed at the government of the Republic of Ghana to pay compensatory damages to the Applicants who are victims of human rights violations by the Republic of Ghana.

10. Costs including legal fees on full indemnity basis.

11. Any other order(s) or direction(s) as the Court deems appropriate for giving effect to or enabling effect to be given to the declarations made herein.

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