116.
In the case between HIS LORDSHIP JUSTICE PAUL UUTER DERY
& 2 ORS v. THE REPUBLIC OF GHANA (2016) Judgment No:
ECW/CCJ/JUD/17/19 (Unreported) in which the Applicants alleged the
violation of their right to fair hearing; it was the case of the Applicants that
while their case was in the Court for unlawful dismissal based on a petition
by a private investigator, the Judicial Council purportedly met and
recommended without inviting the Applicants or providing an opportunity to
be heard, decided to suspend the Applicants, and placed them on half of their
monthly salary while all allowances save housing rent were suspended. This
court held as follows: “The Court recognizes the principles of audi alteram
partem (hear the other side) which requires that persons affected by an
adverse position must be given an opportunity to make representation. The
right to be heard by its own nature connotes an opportunity to be heard within
a reasonable time by an impartial court or tribunal. This right is not limited
to a one on one verbal representation but encompasses every avenue accorded
to a party to be heard in a matter.”
117.
Consequently, in the absence of prescribed rules, it is the view of this
Court that due process of law which was required in the case of the Applicant
at the pre-trial stage of his impeachment at the House was not followed which
adversely affected the fairness of the Applicant’s trial as a whole and the Court
so holds.
118.
On the issue of Independence & Impartiality of the Court of
Impeachment, the case of the Applicant here is that the proceedings at the
Senate was presided over by the Chief Justice of Liberia whom he considered
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