High Court judge Justice Peter Dery has petitioned the Appeals Court to reverse a High Court ruling dismissing a contempt suit he brought against Anas Aremeyaw Anas and four others.

He argued that Justice Gertrude Torkornoo, a Court of Appeal judge sitting as a Justice of the High Court, yesterday erred when she dismissed his case.

In his application filed at the Appellate Court, Justice Dery claimed the court had scheduled the matter to be heard on the 12th of October, 2015, but erroneously heard it on the 29th of September, 2015.

He said the court by so doing breached his right to be heard.

He therefore wants the court to declare that “The judge erred when she breached the audi alteram partem rule of natural justice when she dismissed in liminie the Appellant’s Contempt Application without hearing the Appellant’s and or granting audience to the Appellant.”

Justice Dery brought the suit on September 18, 2015 citing investigative journalist Anas Aremeyaw Anas, two editors at the New Crusading Guide newspaper, Starr FM CEO, Kwabena Anokye Adisi and Sulemana Braimah of the media Foundation for West Africa for contempt.

He said despite knowledge of his writ in court challenging the legality of a video being brandished by journalist Anas as evidence of him and 33 other judges taking bribes, the five had acted in ways prejudicial to the case and scandalous of the court.

He, therefore, wanted them committed to prison for showing disrespect to the court.

Below is the writ he filed at the Court of Appeal

SUIT NO: AP 238/15

IN THE MATTER OF AN APPLICATION FOR COMMITTAL FOR CONTEMPT

AND

IN THE MATTER OF:

THE REPUBLIC

 

VRS.

ANAS AREMEYAW ANAS                    1ST RESPONDENT/RESPONDENT

Acting Editor-In-Chief

The New Crusading Guide

SAMUEL FREMPONG                          2ND RESPONDENT/RESPONDENT

Editor

The New Crusading Guide

ERNEST ADDO                         3RD RESPONDENT/RESPONDENT

Deputy Editor

The New Crusading Guide

NATHAN KWABENA ANOKYE ADISI           4TH RESPONDENT/RESPONDENT

Chief Executive Officer

Starr FM

Accra

SULEMANA BRAIMAH                                   5TH RESPONDENT/RESPONDENT

Media Foundation for West Africa

Accra

EX PARTE JUSTICE PAUL UUTER DERY            APPLICANT/APPELLANT

                                                                                 

                                                            NOTICE OF APPEAL

TAKE NOTE that the Applicant/Appellant herein who is dissatisfied with the decision of the High Court (Fast Track Division) Accra contained in the Ruling of Her Ladyship Justice Gertrude Torkornoo J., A Court of Appeal judge sitting as a Justice of the High Court, dated 29th September, 2015, hereby appeals to the Court of Appeal on the grounds set out in paragraph 3 of this Notice of Appeal and will at the hearing of this appeal seek the relief set out in paragraph 4.

And the Appellant further states that the name and address for service of the persons directly affected by the appeal are set out in paragraph 5 herein.

2. PART OF THE DECISION COMPLAINED OF:

The whole decision.

3. GROUNDS OF APPEAL:

a. The judge erred when she heard the above mentioned matter on the 29th of September, 2015 when the Registrar of the Fast Track Division of the High Court, Accra, had scheduled the matter to be heard on the 12th of October, 2015.

b. The judge erred when she heard the matter on the 29th of September, 2015 instead of the scheduled date of 12th October, 2015 without notifying the Appellant in the above mentioned case and thus breached his right to be heard.

c. The judge erred when she breached the audi alteram partem rule of natural justice when she dismissed in liminie the Appellant’s Contempt Application without hearing the Appellant’s and or granting audience to the Appellant.

d. The judge erred when she heard the case and dismissed same when the 1st, 2nd 3rd and 4th Respondents have not been served with the said Application.

e. The judge erred when she dismissed the Appellant’s Contempt Application on the ground that the Appellant had withdrawn his Interlocutory Injunction Application on the 22nd September, 2015 in the case His Lordship Justice Uuter Paul Dery v Tiger Eye PI, The Honourable Chief Justice of the Republic of Ghana, The Attorney General with suit number AP 228/2015

f. The judge erred when she held that the Appellant’s Contempt Application had no merit.

g. Further grounds of appeal will be filed upon receipt of the Court proceedings.

4.  RELIEF SOUGHT FROM THE COURT OF APPEAL:

The decision of the trial judge be reversed.

 

5. PERSON DIRECTLY AFFECTED BY THE APPEAL:

    ANAS AREMEYAW ANAS                                                            

    Acting Editor-In-Chief

    The New Crusading Guide

 

    SAMUEL FREMPONG                                                                               

    Editor

    The New Crusading Guide

 

   ERNEST ADDO                                                                               

   Deputy Editor

   The New Crusading Guide

 

   NATHAN KWABENA ANOKYE ADISI                                                       

   Chief Executive Officer

    Starr FM

   Accra

 

   SULEMANA BRAIMAH                                                                  

   Media Foundation for West Africa

   Accra

DATED AT ACCRA THIS 29TH DAY OF SEPTEMBER, 2015.

 

                                                                                                Nii Kpakpo Samoa Addo

                                                                                                Solicitor for Defendant

                                                                                                Licence No: GAR 09817/15

                                                                                             

To the Registrar

Court of Appeal, Civil Division through

The Registrar

High Court

(Fast Track Division)

Accra

AND FOR SERVICE ON THE RESPONDENTS /RESPONDENTS

 

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