Lawyers for some judges implicated in a bribery scandal say it is wrong for the police to initiate criminal investigations against their clients while a judicial disciplinary proceedings are ongoing.

This is double jeopardy, Lawyers John Ndebugri and Captain (Rtd) Nkrabea Effah Datteh told Joy News Thursday.

The police announced Thursday they have commenced criminal investigations into the judicial bribery scandal, but there is a fight back by some of the accused judges.

Two accused judges were interrogated by the Police Criminal Investigations Department in a criminal probe that will see all 34 accused judges hauled before police investigators.

Joy News has learnt the police and the Attorney General are committed to begin criminal prosecution of the judges as soon as CID investigations are complete.

Lawyer Captain (Rtd) Nkrabea Effah Datteh who represents High Court judge Justice Gilbert Ayisi Addo has been objecting to the criminal probe commenced by the police.

Lawyer Captain (Rtd) Nkrabea Effah Datteh

He maintains that his client is “very, very innocent so we don’t have any problem at all reporting to the police”.

He nonetheless demanded that the Attorney General intervenes and restrains the police.

“We want a High court judge who is being investigated to report you [the police]?” he expressed shock.

Effah Dartey revealed that he would ”gladly challenge” the police probe at the Supreme Court if he is instructed by his client.

“My gut feeling is that what the police are doing is not correct. Nobody should be placed in double jeopardy. Nobody can be tried twice”, he expressed frustration.

Lawyer John Ndebugri who represents some suspended magistrates and Circuit court judges sided with counsel for Justice Gilbert Ayisi Addo.

He quoted regulations of the Judicial Council that he says invalidates the action by the police.

“Is it possible to start criminal proceedings against a judge who has not been properly removed?” he wondered.

According to Ndebugri “suspension does not mean removal.... they are technically still judges and magistrates”.

Lawyer Ndebugri also said the police cannot begin criminal investigations unless somebody makes a complainant. He wants to know if the police are proceeding with a formal complainant.

He suspects a sense of over-enthusiasm has seized some state institutions leading them to disregard procedures in order to “please the public”

“Things are becoming muddier and muddier because of the frenzy that has been created in the public. I am really getting lost” Ndebugri said.

He insisted that an accused person irrespective of the evidence against him still has rights guaranteed by the law.

Ndebugri joined Capt (Rtd) Effah Dartey in dismissing some public calls that the judges be treated like any other person suspected of wrongdoing.

“All fingers are not equal”.