The hearing for the application for an interlocutory injunction by the accused 14 judges against the Judicial Council has been scheduled for Tuesday September 22, 2015.
The application which was filed by 14 of the 22 judges is seeking to stop the procedure initiated by the Judicial Council to establish the truth.
The judges say, they have “already suffered and continue to suffer grave hardship, loss and inconvenience as a result of the illegal conduct of the defendant and its illegal Disciplinary Committee.”
[contextly_sidebar id=”9Tx44mOP6crxGBwKPCaDrBjEZ8X93f5H”]The judges in the writ which was filed last Friday, are also challenging the procedure being used by the Committee to investigate the bribery scandal.
They argue that the investigative committee does not have the authority to sanction them and that, a court of competent jurisdiction must try them before the Judicial Council can take further actions.
“That the law provides that disciplinary proceedings against Judicial Office holders (such as us) be conducted by a single judge of the High Court or some other Judicial Officer appointed for that purpose by the Chief Justice.”
The writ among other things said “the disciplinary committee instituted by the defendant to conduct disciplinary proceedings against us has no legal basis and, in the premises, is not clothed with jurisdiction to proceed as it is doing and is determined to do.”
It added that “unless restrained by this Honorable Court, the Defendant’s illegal Disciplinary Committee will conduct these illegal disciplinary proceedings against each of us which illegal proceedings are likely to lead to our removal from office under rather dubious and disturbing circumstances.”
Thirty-four judges and about 100 court officials were filmed by investigative journalist, Anas Aremeyaw Anas, accepting bribes and other gifts to influence cases.
22 of lower court judges have been suspended by the Chief Justice pending conclusion of investigations, while the 12 superior court judges have been queried.
If granted, the interlocutory injunction will delay the investigations of the corruption expose which has stunned the public who are demanding reforms.
One of the judges. Justice Paul Dery implicated in the video has sued Anas seeking to prevent the public screening.
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By: Nana Ama Agyemang Asante/citifmonline.com/Ghana