JUDGMENT
This is the judgment of the Court and Parties were both heard in the open Court.
PARTIES
The Applicants are citizens of Ghana and Justices of the Superior Court of Judicature
of the Republic of Ghana
The Respondent, the Republic of Ghana, is a member of the Economic Community
of West African States (ECOWAS).
APPLICANTS’ CASE
1. The Applicants averred that on 10th September, 2015, they were informed via a
letter dated 9th September, 2015 signed by the Chief Justice of the Supreme Court
of the Republic of Ghana notifying them of a petition written by one Tiger Eye PI
which was sent to the President of Ghana seeking their removal from office as
Justices of the Superior Court. The Chief Justice requested that they submit their
responses to the allegations by 14th September, 2015.
2. The 1st and 2nd Applicants contested the validity of the action of the Chief Justice
and therefore filed writ of summons at the High Court of the Republic of Ghana
against the petitioner, Tiger Eye PI, the Chief Justice and the Attorney General. They
prayed the Court for a declaration that the petition to the President be declared
null and void on grounds of public disclosure of the evidence on which the petition
was based. The Supreme Court in its judgement, while agreeing that the public
disclosure of the evidence on which the petition was based, violated the provisions
of article 146(8) of the 1992 Constitution but, took the view that the violation did
not automatically result in vitiating the petition as to render it void against them.
3. The 3rd Applicant who however responded to the petition as requested by the
Chief Justice was suspended after a prima facie case was made against him. The
Applicants further state that the Chief Justice having purportedly made a
determination of a prima facie case against the 3rd Applicant amongst other
indicted Justices, brought the matter before a Judicial Disciplinary Committee
pursuant to Articles 146(3), (4) and (5) of the 1992 Constitution. They alleged that
the Chief Justice in making the said determination relied on audio-visuals and
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