The Court finds compliance with all the elements of Article 7 of the ACHPR and
holds that the Applicants have not established a violation of their right to fair
hearing.
Right to privacy.
56. It is the contention of the Applicants that the petitioner and his agents secretly
filmed and recorded conversations of the Applicants and indeed other judges,
magistrate and other judicial service staff. These secret filming and recordings were
either done in the Judges or Magistrates or court staff residences, office chambers
or other private locations. In the case of the 1st and 3rd Applicants herein, the secret
filming and recordings were done at their residences while the 2nd Applicant was at
his office chambers. The Applicants further contend that the collection and
retention of the said conversations in the form of audio-visuals and transcripts
thereof by the petitioner, which were subsequently used as evidence to support
their removal amounts to interference with their privacy.
57. In further support of their allegation of violation of their right to privacy, the
applicant averred that the Data Protection Act of Ghana (Act 843) is the primary
legislation which regulates the collection and retention of personal data and
provides for the registration with the Data Protection Commission of any data
controller who intends to process personal data. While recognizing that
interference with an individual’s right to privacy is only justifiable if done lawfully
and/or not arbitrarily, they argued that Tiger Eye PI not being a registered company
and therefore unknown to law cannot be said to have conducted a lawful
investigation and therefore not been in accordance with Law is a violation of their
right to privacy.
58. It is the further contention of the Applicants that though the Supreme Court’s
decision dated 16th December, 2015, found the Chief Justice, the Respondent, and
Tiger Eye PI and Anas Aremeyaw Anas in violation of the privacy requirement of the
impeachment proceedings by publishing the identity of the indicted judges
(including the Applicants), the content and evidence in support of the petition;
nevertheless, it ruled that the violation did not affect the validity of the petition,
rather opined that a suit for an award of damages is an appropriate remedy. This
they also content is a violation of their right to fair hearing. They conclude that
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