President John Mahama has upon the advice of the judicial council removed two more High court judges from office over the judicial corruption scandal that rocked the nation last year.
The two dismissed judges are Justices Kofi Essel Mensah and Francis K. Opoku. Their dismissal took effect from Tuesday April 19,2016.
A statement signed by the judicial secretary Justice Alex B. Poku Acheampong noted that the President exercised his powers of dismissal following the recommendations of the judicial committee that probed the rot exposed by journalist Anas Aremeyaw Anas and his Tiger Eye investigative team.
“His Excellency the President, John Dramani Mahama, in a letter dated April 12, 2016 accepted the recommendation for their removal from office by the Committee set up by the Hon. Lady Chief Justice to investigate the petition from Anas Aremeyaw Anas of Tigereyepi for their removal on grounds of stated misbehaviour,” the statement noted.
The statement explained that in the case of Justice Francis K. Opoku, a second petition for his removal from office was submitted to the President by the Judicial Council on October 29, 2015 on grounds of stated misbehaviour and incompetence following complaints about his failure to sit regularly as a Justice of the High Court at the High Court, Bolgatanga.
The judicial Committee, according to the statement, after investigating the matter, observed thus: Engaged in ex-parte discussion with agents of Anas in respect of the case “Webajuwa Bazilyern vs. Kaponga Kunipwah contrary to Rule 3(7) of the Code of Conduct for Judges and Magistrates of Ghana. Received money from the petitioner and his team with a promise to satisfy the wishes of a party in a case that was pending before him.
In reference to the above, however, the committee concluded that Justice Opoku’s conduct constituted “stated misbehaviour contrary to Article 146 (1) of the 1992 constitution and Rule 3(7) of the code of conduct for judges and magistrates in Ghana.” “In respect of the second petition against him, the committee found that Justice Opoku’s dereliction in the performance of his duties and continued absence from duty at the High Court, Bolgatanga had eroded public confidence in the Judiciary in the region and portrayed him as incompetent.
The committee resolved that his conduct constituted stated misbehaviour and incompetence contrary to Article 146 (1) of the 1992 constitution.”
Justice Kofi Essel Mensah in Justice Kofi Essel Mensah’s case, the Committee found that he had held ill-intentioned discussion with one Gabriel Achana, a court staff, about a bail application in the case of “The Republic vs. Mohammed Nii Baa” with the prospects of receiving valuable consideration.
It also discovered that the judge secretly discussed the application for bail with the petitioner after which the petitioner gave an amount of GHC 5,000 to him through Gabriel Achana. “The committee concluded that the judge’s conduct amounted to impropriety which had undermined public confidence in the integrity and impartiality of the Judiciary contrary to Rule 2(A) of the code of conduct for judges and magistrates.”
Both judges, according to the statement, have been directed to vacate their bungalows and also handover state properties in their care including their official vehicles.
Thirty-four judges including 22 lower court judges and 12 high court judges were seen taking bribes in the secret video that shook the country.
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