Beleaguered High Court judge, Justice Paul U. Dery, has brought a suit against the Criminal Investigations Department (CID) of the police.

He is trying to stop the police from investigating and possibly prosecuting him for his alleged involvement in trading justice for pecuniary and other material benefits.

Justice Dery is one of 12 High Court judges accused of collecting bribes to pervert justice.

Seven of his colleagues have been suspended and are going through disciplinary procedures to establish their guilt or otherwise.

In spite of this process, the police have started their own investigations into the scandal uncovered by journalist, Anas Aremeyaw Anas.

A number of judges have appeared before the police in respect of the case but Justice Dery is determined to fight the police inquiry.

In a suit filed Tuesday, November 10, 2015, the judge said, “his lawyers received a telephone call on the 9th of November, 2015 from the office of the [Director-General of the CID] inviting him to the Criminal Investigation Department to assist the police in the investigation of the allegations made by" Anas’ Tiger Eye PI.

He said the police investigations would amount to an interference with the suits he has brought before the High Court and Supreme Court. Dery is challenging the legality of evidence produced against him by Anas and the disciplinary procedures instituted against him by the Chief Justice's committee.

While in court, he believes investigations being conducted by the security agencies are illegal because the actions of a judge while are protected by the 1992 constitution.

"The Plaintiff avers that pursuant to Article 127(3) of the 1992 Constitution, a Justice of the Superior Court, shall not be liable to any action or suit for any act or omission by him in the exercise of the judicial power".

The provision states "A Justice of a Superior Court, or any person exercising judicial power, shall not be liable to any action or suit for any act or omission by him in the exercise of the judicial power".

Other reliefs he is seeking are reproduced below:

"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.

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.

 "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"
 

 

More soon.