{"id":165883,"date":"2015-11-10T15:35:02","date_gmt":"2015-11-10T15:35:02","guid":{"rendered":"http:\/\/4cd.e16.myftpupload.com\/?p=165883"},"modified":"2015-11-10T15:45:16","modified_gmt":"2015-11-10T15:45:16","slug":"justice-dery-sues-police-cid","status":"publish","type":"post","link":"https:\/\/citifmonline.com\/2015\/11\/justice-dery-sues-police-cid\/","title":{"rendered":"Justice Dery sues Police CID"},"content":{"rendered":"

One of the implicated judges in the judicial corruption scandal, Justice Pual Dery has sued the Police for attempting to investigate him.<\/p>\n

According to the writ by Justice Dery, his lawyers received a telephone call on November 9, 2015 from the office of the Criminal Investigation Department (CID) inviting him [Dery] to assist the Police probe allegations made by investigative journalist, Anas Aremyaw Anas.<\/p>\n

[contextly_sidebar id=”bUcvS3hvuLB24Hg9T7RrfsKKDuXy21WF”]Justice Dery contends that the invitation by the CID would amount to interfering with the pending suits he had filed challenging the allegations at several courts including the Supreme Court.<\/p>\n

He argued that the action by the CID is also \u201cunconstitutional and unlawful.\u201d<\/p>\n

\u201cThe Plaintiff avers that pursuant to Article 127(3) of the 1992 Constitution, a Justice of the Superior Court, shall not be liable to any action or suit for any act or omission by him in the exercise of the judicial power,\u201d the writ added.<\/p>\n

Added to the suit is Anas [1st<\/sup> Defandant] and the Attorney General [3RD<\/sup> Defendant].<\/p>\n

Justice Dery who was suspended for allegedly taking bribe while hearing a case titled The Republic v. Kwame Dzato is seeking the following reliefs from the court:<\/p>\n

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  1. a) A declaration that having regard to suit numbers AP 228\/15 and J1\/29\/15, in court challenging the petition filed by the 1stDefendant against the Plaintiff, the 2ndDefendant cannot purport to investigate the Plaintiff.<\/li>\n<\/ol>\n
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    1. b) A declaration that on a true and proper construction of Article 127(3) of the 1992 Constitution, the judgment delivered by the Plaintiff in the case titled The Republic v. Kwame Dzato in the exercise of the Plaintiff\u2019s power as a Justice of the Superior Court is immune from a civil or criminal proceedings for any act or omission by the Plaintiff in the exercise of the said power.<\/li>\n
    2. c) A declaration that on a true and proper construction of Article 127(3) of the 1992 Constitution, any complaint lodged by the 1stDefendant with the 2n<\/sup>d<\/sup>Defendant against the Plaintiff in respect of the judgment he delivered in the case title The Republic v. Kwame Dzato in the exercise of the Plaintiff\u2019s power asa Justice of the SuperiorCourt isin contraventionof Article 127(3) of the 1992 Constitution and therefore unconstitutional.<\/li>\n<\/ol>\n
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      1. d) A declaration that on a true and proper construction of Article 127(3) of the 1992 Constitution, the Plaintiff as a Justice of a Superior Court, cannot be investigated by the 2ndDefendant, its assigns, agents and privies for any act or omission by him in the exercise of his judicial power in the judgment he delivered in the case: The Republic v. Kwame Dzato.<\/li>\n
      2. e) A declaration that on a true and proper construction of Article 127(3) of the 1992 Constitution, the Plaintiff as a Justice of a Superior Court, cannot be prosecuted by the 3rdDefendant, its assigns, agents and privies for any act or omission by him in the exercise of his judicial power in the judgment he delivered in the case: The Republic v. Kwame Dzato.<\/li>\n
      3. f) A perpetual injunction restraining the 2ndDefendant from commencing any criminal investigation against the Plaintiff in the exercise of his judicial power in the judgment he delivered in the case: The Republic v. Kwame Dzato.<\/li>\n<\/ol>\n
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        1. g) A perpetual injunction restraining the 3rdDefendant from commencing any civil or criminal action against the Plaintiff in the exercise of his judicial power in the judgment he delivered in the case: The Republic v. Kwame Dzato.<\/li>\n
        2. h) Cost including legal fees.<\/li>\n
        3. i) Any other order (s) that the Honourable Court may deem fit to make.<\/li>\n<\/ol>\n

          –<\/p>\n

          By: Godwin A. Allotey\/citifmonline.com\/Ghana<\/p>\n

          Follow @AlloteyGodwin<\/a>
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