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Retired Supreme Court judge, Dr. Justice S.K. Date-Bah, has been selected to chair the committee set up the Chief Justice to investigate allegations that the nine-member panel of justices that heard the election was tampered with.
A statement signed by the Judicial Secretary, Alex B. Opoku-Acheampong, said Date-Bah was selected because the Chairman of the Appointments and Disciplinary Committee of the Judicial Council, Justice Julius Ansah, who ought to chair the committee, was one of the nine justices that dismissed the petition in a 5-4 verdict and could therefore not lead the investigations.
The eight member panel was constituted at an emergency meeting by the Judicial Council on Thursday, November 14, 2013, following a petition filed by the opposition New Patriotic Party asking the CJ to institute a probe into claims of judicial tampering by dismissed Deputy Communications Minister, Victoria Hamah.
Ms. Hamah, in comments on a leaked tape, said she had heard that Gender, Children and Social Protection Minister, Nana Oye Lithur, met with the justices of the Supreme Court hearing the election petition prior to the verdict.
She said the Minister, whose husband, Mr Tony Lithur, was the lead counsel for the first respondent, President John Mahama, in the petition, may have influenced the outcome of the case.
Mrs Lithur has denied the allegations but the NPP said the denial was not enough.
The General Secretary of the party, Kwadwo Owusu Afriyie, said he was not expecting Nana Oye Lithur to admit to things attributed to her by Ms. Hamah.
He said it was frequently important that the claims of the sacked deputy minister were investigated in order to maintain the sanctity of the judiciary and integrity of the judges.
Acting on the petition and adopting the proposal of the CJ, the Appointments and Disciplinary Committee, set up a committee to undertake an administrative inquiry into the allegations.
Other members of the committee are Nana Dr. S.K.B. Asante, a traditional ruler, the Attorney-General, Mrs. Marietta Brew Appiah-Oppong, Mr. Frank Beecham, Nene A.O. Amegatcher; the president of the Ghana Bar Association, Ms. Joyce N. N. Oku and Mrs Elleen Odartei-Laryea.
The Judicial Secretary, Justice Opoku-Acheampong will be the secretary.
According to the statement, the committee has 14 days from its first sitting to present its report to the Judicial Council.
It added that the nine justices have already been written to by the CJ to respond to the allegations.
A private legal practitioner, Mr. Samson Lardy Ayenini said the committee could have difficulties compelling Ms. Hamah to appear before it.
He explained that because it was undertaking a purely administrative inquiry, it did not have the powers of a high court and could therefore not subpoena her to appear if chooses not to.
For Nana Oye Lithur, he said, because she is a lawyer, she cannot possibly decline an invitation by the committee.
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