Petition Justice Dery express shock over dismissal of contempt case

Justice Dery had prayed the court to convict and punish some media personnel for various roles they played in publicising the screening of the video which allegedly captured him and other judges taking bribes.

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Justice Paul Dery

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One of the indicted judges in the Anas exposé, Justice Paul Dery has petitioned the Judicial Council to investigate the dismissal of the contempt application he filed against some media personnel in the country.

In a petition signed by his lawyer, Nii Kpakpo Samoa Addo, Judge Dery said they are in a state of shock because the said case was scheduled to be heard on the 12th of October, 2015

Justice Dery had prayed the court to convict and punish the Chief Executive Officer of Starr FM, Nathaniel Kwabena Anokye Adisi, the Acting Editor-In-Chief of the New Crusading Guide, Samuel Frempong, Addo and Deputy Editor of the New Crusading Guide, Ernest Addo and the Executive Director of the Media Foundation for West Africa (MFWA), Sulemana Braimah.

He had sued them for various roles they played in publicising the screening of the video which allegedly captured him and other judges taking bribes.

The presiding judge, Justice Torkonoo dismissed the case on Monday saying the applicant had withdrawn the substantive case against the showing of the Anas video hence her ruling.

Justice Dery has however argued: “This in our opinion is clear violation of our client’s rights to be heard in court. Our client instructs us to petition your good office to cause an investigation to be conducted into the matters raised above and to ascertain their veracity for the necessary remedial action to be taken. We wish to state that this letter is without prejudice to our client’s right to appeal against the said ruling.”

Below is the full petition:

PETITION: JUSTICE UUTER PAUL DERY v ANAS AREMEYAW, SAMUEL FREMPONG, ERNEST ADDO, NATHAN KWABENA ANOKYE ADISI, SULEMANA BRAIMAH SUIT NO.: AP 238/2015

Please, accept our compliments.

We act as solicitors for and on behalf Mr. Justice Paul Uuter Dery. We wish to bring to bring to your attention certain happenings in the above mentioned matter that is of grave importance to the administration of justice and of the violation of the rights of our client to a fair hearing of his case filed in the High Court, Accra.

Our client caused a Contempt Application to be filed against Mr. Anas Aremeyaw Anas, the Acting Editor-In-Chief of the New Crusading Guide, Samuel Frempong, Editor of the New Crusading Guide, Ernest Addo, Deputy Editor, the New Crusading Guide, Nathan Kwabena Anokye Adisi, Chief Executive Officer of Starr FM, Suleman Braimah, Media Foundation for West Africa, which was scheduled by the Registrar of the Fast Track High Court to be heard on the 12th of October, 2015.

To our Surprise, we heard on the news, to be specific, Joy FM 12 o’clock news and Citi FM news that the said contempt application has been heard today, the 29th of September, 2015 and dismissed by the Honourable Justice Gertrude Torkornoo J. a sitting as Additional High Court Judge.

 This came as an absolute shock to us on the motion paper, the said case is scheduled to be heard on the 12th of October, 2015.

Furthermore, we are reliably informed by the Bailiff responsible for the service of the Application on the Respondents that, the 1st, 2nd 3rd and 4th Respondents in the matter have been served and also that none of the Respondents have till date filed an Affidavit in Opposition to our Application.

Our client has also not been served with any Hearing Notice seeking to change the date endorsed on the said motion paper.

This in our opinion is clear violation of our client’s rights to be heard in court.

Our client instructs us to petition your good office to cause an investigation to be conducted into the matters raised above and to ascertain their veracity for the necessary remedial action to be taken.

We wish to state that this letter is without prejudice to our client’s right to appeal against the said ruling. Signed by Nii Kpakpo Samoa Addo (Esq.)

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