Justice Dery sues CID

BY: Graphic.com.gh
Justice Dery

Justice Pual Dery has sued the Police for attempting to investigate him.

Justice Dery, one of 34 judges captured on a video allegedly receiving bribe by journalist Anas Aremeyaw Anas, noted in the writ that an  invitation to him from the office of the Criminal Investigation Department (CID to assist the Police probe allegations against him was “unconstitutional and illegal”.

According to Justice Dery, 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.

Justice Dery joined Anas [1st Defandant] and the Attorney General [3rd Defendant] to the suit, and is seeking the following reliefs from the court:

  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.
  2. 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’s 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.
  3. 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 2ndDefendant 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’s power asa Justice of the SuperiorCourt isin contraventionof Article 127(3) of the 1992 Constitution and therefore unconstitutional.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. h) Cost including legal fees.
  9. i) Any other order (s) that the Honourable Court may deem fit to make.

Click to view the writ