[2019]DLCA8854 • February 7, 2019 • Court of Appeal
JUSTICE FRED K. AWAUAH vs. HON. CHIEF JUSTICE, THE IMPEACHMENT COMMITTEE ON JUSTICE AWUAH AND THE HON. ATTORNEY GENERAL
The appellant, Justice Fred K. Awuah, a High Court judge stationed at Koforidua, was accused of accepting bribes from a litigant, Kwabena Anyan, who paid money into the appellant's bank account allegedly to influence a favorable ruling. Following complaints and investigations by the Judicial Council and a Disciplinary Committee, a prima facie case of bribery was found, leading to a petition for the appellant's removal from office. The appellant challenged the process and findings in court, seeking declarations that the Chief Justice erred in her administrative and investigative roles and that bribery as a crime could not be included in 'stated misbehaviour' without a court conviction.
read moreF.G. KORBIEH, J.A. All parties in this appeal belong to the justice delivery system in this country in one way or the other. The plaintiff/appellant (hereinafter referred to as the appellant) was at all material times a judge of the High Court stationed at Koforidua when the incidence(s) or occurrence(s) leading to his impeachment process and the subsequent court action happened. The 1st defendant/respondent (hereinafter referred to as the 1st respondent) is the Honourable Chief Justice and by law, the head of the Judiciary and the Judicial Service of the Republic of Ghana as well as the Judicial Council, a body set up by and under the Constitution to perform a number of functions including the “consideration and discussion of matters relating to the functions of the Judiciary and thereby assist the Chief Justice in the performance of [her] duties with a view to ensuring efficiency and effective realization of justice…” The 2nd defendant/respondent (hereinafter referred to as t...