General News of Monday, 31 October 2016

Source: www.ghanaweb.com

Justice Dery sues Anas again

Justice Paul Dery Justice Paul Dery

Indicted High Court judge, Justice Paul Dery, has filed a fresh suit at the High Court against anti-corruption campaigner, Anas Aremeyaw Anas and his Tiger Eye PI, and the Attorney General.

Justice Paul Dery wants the court to declare the activities of Anas Aremeyaw Anas and his Tiger Eye PI Company illegal because it was not properly incorporated, amongst others.

He is also praying the court to declare that the "2nd Defendant, the Attorney General, breached her duty to take all requisite legal steps to enforce the criminal laws of Ghana pursuant to Article 88(1), (3) and (4) of the 1992 Constitution by failing to cause an investigation to be conducted into the criminal activity of the 1st Defendant, Anas Aremeyaw Anas, for purposes of initiating and conducting the prosecution of the latter for violations of various penal statutes of Ghana."

Reliefs Justice Paul Dery is seeking in his new suit:

  1. A declaration that the 1st Defendant, Anas Aremeyaw Anas, breached his duty as a citizen of Ghana to uphold and defend the Constitution and the laws of Ghana pursuant to Article 41(b) of the 1992 Constitution when under the guise of a non-existent company, he illegally and purportedly conducted private investigations into various public institutions including the Customs Division of the Ghana Revenue Authority; the Driver and Vehicle Licensing Authority; the Electricity Company of Ghana; Cocobod; and the Judicial Service.


  2. A declaration that the 1st Defendant, Anas Aremeyaw Anas, breached his duty as a citizen of Ghana to uphold and defend the Constitution and the laws of Ghana pursuant to Article 41(b) of the 1992 Constitution when under the guise of a non – existent company, he illegally and purportedly conducted private investigations by which he engaged employees without paying their social security contributions to the Social Security and National Insurance Trust as required by law.


  3. A declaration that the 1st Defendant, Anas Aremeyaw Anas, breached his duty as a citizen of Ghana to respect the rights, freedoms and legitimate interests of other citizens of Ghana pursuant to Article 41(d) of the 1992 Constitution when under the guise of a non – existent company, he invaded the privacy of Judges and staff of the Judicial Service in violation of their fundamental human rights to privacy guaranteed under Article 18(2) of the 1992 Constitution and various provisions of international human rights instruments.


  4. A declaration that the 1st Defendant, Anas Aremeyaw Anas, breached his duty as a citizen of Ghana to protect and preserve public property pursuant to Article 41(f) of the 1992 Constitution when under the guise of a non – existent company, he illegally carried out private investigations into various public institutions including the Customs Division of the Ghana Revenue Authority; the Driver and Vehicle Licensing Authority; the Electricity Company of Ghana; Cocobod; and the Judicial Service for private gain and fame.


  5. A declaration that the 1st Defendant, Anas Aremeyaw Anas, breached his duty to honestly declare his income to the appropriate and lawful agencies of the State and to satisfy all his tax obligations pursuant to Article 41(j) of the 1992 Constitution when under the guise of a non – existent company he illegally carried out private investigations for his personal profits, into various public institutions including the Customs Division of the Ghana Revenue Authority; the Driver and Vehicle Licensing Authority; the Electricity Company of Ghana; Cocobod; and the Judicial Service; without honestly declaring his income to the appropriate lawful agencies of State and without satisfying all his tax obligations to the State.


  6. A declaration that the 2nd Defendant, the Attorney General, breached her duty to take all requisite legal steps to enforce the criminal laws of Ghana pursuant to Article 88(1), (3) and (4) of the 1992 Constitution by failing to cause an investigation to be conducted into the criminal activity of the 1st Defendant, Anas Aremeyaw Anas, for purposes of initiating and conducting the prosecution of the latter for violations of various penal statutes of Ghana.


  7. A declaration that the 2nd Defendant, the Attorney General, breached her duty to take all requisite legal steps to enforce the laws of Ghana pursuant to Article 88(1) & (5) of the 1992 Constitution by failing to institute and conduct civil proceedings on behalf of the State to recover all public funds that the 1st Defendant, Anas Aremeyaw Anas, illegally acquired from the State from his criminal activities.


  8. A declaration that the 1st Defendant acted in violation of the Public Procurement Act, 2003 (Act 663) when he used a dummy and non-existent company to procure contracts from the State in his illegal private investigations.


  9. An order directed at the 1st Defendant, Anas Aremeyaw Anas, to account to the State for all monies that he illegally acquired from the State arising out of his criminal activities.


  10. An order directed at the 2nd Defendant, the Attorney General, to take all necessary steps to recover all monies that the 1st Defendant, Anas Aremeyaw Anas, illegally acquired from the State through his criminal activities.


  11. An order directed at the 1st Defendant, Anas Aremeyaw Anas, to pay all the expenses including legal fees incidental to the institution and prosecution of this action.