Embattled High Court judge, Justice Paul Uuter Dery has petitioned the Chief Justice on the dismissal of the contempt charges he brought against journalist Anas and four others.
He says the ruling given by Court of Appeal judge, Justice Gertrude Torkornoo was in violation of his right to be heard.
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 of the case and scandalous of the court.
He, therefore, wanted them committed to prison for showing disrespect to the court.
But Justice Torkornoo Tuesday September 29, 2015, dismissed the application, holding that since Justice Dery had earlier withdrawn an application for interlocutory injunction to restrain Anas from showing the video, it was legally untenable for the court to commit the five for contempt
Barely five hours after the ruling, Nii Kpakpo Samoa Addo, lawyer for Justice Dery, sent a petition to the Chief Justice, Georgina Theodora Wood, expressing shock at the decision of the court.
“This came as an absolute shock to us since on the motion paper, the said case is scheduled to be heard on the 12th of October 2015,” the petition said.
Justice Dery's lawyer says they have information that four of the five respondents had not been served with the court processes.
He said Justice Dery had neither been served with any hearing notice changing the date of hearing on the motion paper.
"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," the petition noted.
The lawyers, however, stressed that the petition does not mean that they will not appeal Justice Torkornoo's verdict.