A preliminary objection raised by John Ndebugri, counsel for the 14 lower court judges, against an application filed by the state attorney, Helen Ziwu to have the pleadings of the judges struck out, was yesterday dismissed by an Accra high court.
The 14 judges and magistrates were against the disciplinary committee set up by the Chief Justice.
The court held that the state is justified to apply for the dismissal of the case.
The court, presided over by Justice Gertrude Torkornu, has therefore asked the counsels for the judges and the magistrates to file affidavits in opposition to strike out the pleadings by the close of Friday, September 25.
She also urged them to serve the state – represented by Helen Ziwu, Acting Solicitor-General – by Monday, September 28, for which the state would move the motion on Tuesday, September 29, for the hearing of the matter
The judges have filed an application to stop Chief Justice Georgina Theodora Wood, who instituted the Disciplinary Committee of the Judicial Council (JC) to look into the corruption scandal, from letting the Committee go ahead with its work.
Counsel for the judges told the court that the processes filed to have the pleadings struck out were not right because under Order 11 Rule 18 of CI 47, an application to have pleadings struck out does not have to be accompanied by any affidavit.
However, Mrs. Ziwu disagreed and cited authorities to buttress her point and so the trial judge retired to her chambers and returned to uphold the submission of the state attorney.
She has consequently adjourned the matter to September 29, 2015 and asked Ndebugri to file his affidavit in opposition so that the application to stop the Committee from sitting on the Anas video could be heard.
The judges in the case are Emmanuel Kofi Sunu, Benjamin Yaw Osei, Kojo Filson, Seyirame Tsatsu Azuman, Isaac Akwetey, Florence Ninepins, Jacob Amponsah, Alfred K.A. Mensah, Albert Zugah, Isaac Amoah, Paul Alhassan, Michael Gyamfi Boamah, and Stpehen Assure and Williams Baffour.
It may be recalled that the group of circuit court judges and magistrates had sued the CJ at the high court over the legality of the Disciplinary Committee.
They want a declaration that the disciplinary proceedings by the Judicial Council against them was contrary to law and or due process.
They are also asking the high court to declare that the panel constituted by the CJ to institute disciplinary proceedings against them has no legal basis and therefore null and void.
By Fidelia Achama