THE COURT OF JUSTICE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES

(ECOWAS)
ABUJA-NIGERIA
AD-2018

SUIT NO:
BETWEEN
1. HIS LORDSHIP JUSTICE PAUL UUTER DERY

2. HIS LORDSHIP JUSTICE MUSTAPHA HABIB LOGOH APPLICANTS

3. HIS LORDSHIPJUSTICE GILBERT AYISI ADDO

ALL JUSTICES OF THE HIGH COURT OF

THE REPUBLIC OF GHANA

AND

THE REPUBLIC OF GHANA RESPONDENT

ORIGINATING APPLICATION FOR THE ENFORCEMENT OF THE HUMAN RIGHTS OF THE

APPLICANTS PURSUANT TO ARTICLES 9(4) AND 10(D) OF THE COMMUNITY COURT OF JUSTICE
PROTOCOL A/P.1/07/91 AND SUPPLEMENTARY PROTOCOL A/SP.1 /01/05 RESPECTIVELY

NAMES AND ADDRESS OF THE APPLICANTS

1. HIS LORDSHIP JUSTICE PAUL UUTER DERY
2. HIS LORDSHIP JUSTICE MUSTAPHA HABIB LOGOH
3. HIS LORDSHIP JUSTICE GILBERT AYISI ADDO

ALL OF No. 34 Tema Motorway, Spintex Road,

Adjacent Cemix Ghana Ltd, Accra, Ghana
P.O Box KW 534
Kwabenya, Accra
Ghana-West Africa
Tel Number: +233 244654368/ +233 276264395
Email Address: niikpakpo@addo-addo.com
nksa@yahoo.com

1 | Page
 niikpakpo1981@gmail.com

2.0 NAME AND ADDRESS OF RESPONDENT

THE REPUBLIC OF GHANA
C/O THE OFFICE OF THE ATTORNEY-GENERAL OF GHANA
MINISTRY OF JUSTICE AND ATTORNEY-GENERAL
MINISTRIES, ACCRA, GHANA
WEST AFRICA

3.0 SUBJECT MATTER OF PROCEEDINGS

1. A declaration that the removal of the Applicants from office as Justices of the High
Court by the Defendant violates the Applicants rights to fair hearing as enshrined
in Article 10 of the Universal Declaration of Human Rights; Article 14 of the
International Covenant on Civil and Political Rights: and Article 7 of the African
Charter on Human and Peoples ‘Rights.

2. A declaration that the determination by the defendant that the Applicants have
committed a criminal offence under the laws of Ghana without giving the
Applicants a hearing violates the Applicants rights to fair trial as enshrined in Article
10 of the Universal Declaration of Human Rights; Article 14 of the International
Covenant on Civil and Political Rights; and Article 7 of the African Charter on
Human and Peoples’ Rights.

3. An order nullifying the disciplinary committee’s report.

4. An order restraining the Ghana Police Service or any institution from taking any
action on the disciplinary committee’s report.

5. An order reinstating the Applicants in office with full benefits and without loss of
seniority.

6. An order of compensation for breach of the Applicants' rights.

2 | Page
4.0 SUMMARY OF FACTS
4.1 The Applicants are citizens of Ghana and were Justices of the High Court.

4.2 Sometime in September, 2015, the Applicants were notified of a petition by an

entity, Tiger Eye P1, seeking their removal from office on stated grounds.

4.3 Aggrieved by the contents of the petition the Applicants instituted various
actions in various courts in Ghana.

4.4 On 8th December, 2016, the Applicants instituted an action in this court seeking
various reliefs. (Please find attached as Exhibit DLA 1, a copy of the originating
application).

4.5 On 29th March, 2017, the Applicants filed an application for interim measures.
(Please find attached as Exhibit “DLA2”, a copy of the application).

4.6 The application for interim measures was determined by this court on 22nd
November, 2018 (Please find attached as Exhibit “DLA3”, a copy of the ruling).

4.7 Since the ruling, the Applicants were not served with any notice to appear
before any committee for impeachment proceedings.

4.8 On 16th December, 2018, the Defendant in a press release gave notice to the
general public that the Applicants have been removed from office with effect
from 6th December, 2018. (Please find attached as Exhibit “DLA 4” a copy of the
press release).

4.9 On 18th December, 2018 the Defendant served Applicants the letters of removal
from office dated 6th December, 2018. (Please find attached as Exhibits “DLA 5”,
“DLA 6” and “DLA 7”, copies of the letters)

5.0 SUMMARY OF THE LAW ON WHICH THE APPLICATION IS BROUGHT

3 | Page
RIGHT TO FAIR HEARING

5.1 My Lords, by Article 10 of the Universal Declaration on Human Rights, as well

as Articles 14 and 7 of the International Covenant on Civil and Political rights
and the African Charter on Human and Rights respectively, entitles every
person to a fair hearing. The Defendant is a signitary to these international
instruments.

5.2 My Lords, the Applicants in their application for interim measures sought an
interim order restraining the Defendant from conducting disciplinary
proceedings against them pending the determination of the main suit.

5.3 My Lords, this court on 22nd November, 2018 refused the application. The
Defendant after the ruling of this court did not serve any notice on the
Applicants to appear for any disciplinary proceedings.

5.4 My Lords, in the press release, the Defendant asserted that disciplinary
proceedings were conducted by a committee established by the Chief
Justice. The Applicants not being notified by the Defendant of any
proceedings after the motion for interim measures was dismissed on 22nd
November, 2018 were not heard at all.

5.5 My Lords, it therefore follows that the committee in violation of the Applicants
rights to be heard, conducted the said investigations in the absence of the
Applicants and found them culpable and recommended their removal from
office.

5.6 My Lords, the committee also established that Applicants committed a

criminal offence. The Defendant thus directs that the committee’s report be
submitted to the Police for further action.

4 | Page
 5.7 My Lords, it is respectfully submitted that Defendant violated the Applicants
rights to fair hearing and fair trial as enshrined in international treaties to which
the Defendant is a party.

The Applicant thus invokes the jurisdiction of this court for the rights endorsed
herein.

DATED AT ACCRA, THIS DAY OF DECEMBER, 2018

……………………………….

Nii Kpakpo Samoa Addo (Esq.)

Solicitor for the Applicants
License No.: GAR 18326/18

5 | Page