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Former Commissioner of the Commission on Human Rights and Administrative Justice (CHRAJ), Emile Short has advised the Attorney General (AG) to consider prosecuting the 20 dismissed lower court judges indicted in the exposé by investigative journalist, Anas Aremeyaw Anas. They were dismissed after the five member committee [chaired by Justice Sophia Adiyira] that investigated the matter, submitted its work to the Judicial Council on Monday.
Despite their dismissal, Emile Short has counselled the AG to consider prosecuting these judges to deter others from being corrupt. “The Attorney General may decide to mount a criminal prosecution, that’s a possibility although it is a matter within the discretion of the Attorney General.” Asked whether it is possible for the General Legal Council to have these judges who double as lawyers to have their names removed from the bar roll, Emile Short said : “They are lawyers and their names can be deleted from the bar roll. Obviously there are conditions which require if you are guilty of a certain type of misconduct, your name can be deleted from the list of lawyers on the bar so that is a possibility and given the nature of offence it is most likely that that could happen.” Some of the judges were removed with their end of service benefits intact, but others were not given.
At a press conference to announce the recommendations of the five-member disciplinary committee that investigated the eight Circuit Court and thirteen District Magistrates, the Judicial Secretary, Justice Alex B. Poku Acheampong, said : “Council has deliberated on the findings and recommendations of the committee and taken the appropriate decisions in respect of each of the circuit court judges or district court magistrates in accordance with Article 151 of the constitution.” According to the Judicial Council, only four out of the 21 judges were paid their end of service benefits. “Those removed with benefits were remorseful when they appeared before the committee and apologized profusely to the people of Ghana and the judiciary for bringing the name of the institution into disrepute by their conduct,” the council said. CEmile Short described the decision to pardon some of these judges as controversial, saying “The committee seems to have exercised its discretion on the matter but I think it is controversial…”
