He is seeking an order by the High Court in Accra to declare his removal from office by the Chief Justice, Her Ladyship Justice Gertrude Torkornoo, as unlawful.
Judge sacked for sexual misconduct in divorce case sues Chief Justice, Judicial Service
Alfred Kwabena Asiedu, the dismissed Jasikan Circuit Court judge who was accused of sexual exploitation and malicious prosecution in a divorce case he was presiding over, has sued the Chief Justice and the Judicial Service.
“A declaration that the removal of the Applicant from office as a Circuit Court judge as contained in the letter signed by the 2nd Respondent dated 13th November 2023 is unlawful,” the suit reads in part.
In the lawsuit, Alfred Kwabena Asiedu is further requesting the court to nullify his dismissal, adding that the Disciplinary Committee and the Judicial Council were wrong to have recommended such action against him.
“A declaration that both the Disciplinary Committee and the Judicial Council acted ultra vires when they made a finding of malicious prosecution against the Applicant, and a declaration that the said findings of the two bodies are a patent error of law on the face of the record and are liable to be quashed by the supervisory powers of this Court,” it added.
A few days ago, the Chief Justice directed Alfred Kwabena Asiedu to hand over all official properties in his possession, including his official vehicle, dockets, and record books, to the Judicial Secretary. The letter further directed that his name be taken off the Judicial Service’s payroll because he ceased to be a staff.
The now-dismissed judge’s predicament followed a petition by one Singari Diana Sadia addressed to the Chief Justice on January 16, accusing him of abuse of power, sexual exploitation, malicious prosecution, and impropriety in a divorce case he presided over, to which she was a party.
The petition was then transferred to the disciplinary committee of the Judiciary Service, which investigated and recommended that the judge should be dismissed. The report of the investigation was adopted by the Judicial Council, and the Chief Justice acted upon it accordingly.
Read the Chief Justice’s letter of dismissal to the errant judge below:
I write with reference to the petition of abuse of power, sexual exploitation, malicious prosecution, and impropriety against you, received from one Singari Diana Sadia, dated 16th January 2023.
In line with the Disciplinary Procedures of the Service, you were invited to appear before the Disciplinary Committee of the Judicial Council, which had been mandated to investigate the allegations against you.
The Disciplinary Committee, after investigating the above-mentioned matter, found that you misconducted yourself as a Judge as there was ample evidence that you were involved in an improper relationship with the Petitioner, who had a Divorce case pending before you. The Disciplinary Committee also established the allegation of abuse of power and malicious prosecution against you as you were found to have caused the arrest and prosecution of the Petitioner without justification. The Disciplinary Committee consequently recommended that you should be dismissed.
The report of the Disciplinary Committee was subsequently submitted to the Judicial Council, and at its 279th meeting held on 25th October 2023, the Council adopted the report of the Disciplinary Committee and decided that your above-stated actions constituted Stated Misbehaviour.
In accordance with article 151 (1) of the 1992 Constitution of Ghana, all members of the Judicial Council present at the said meeting, resolved that you should be removed from office for Stated Misbehaviour.
You are therefore removed from Office as a Circuit Court Judge, with immediate effect. You are directed to hand over all official properties in your possession, including your official vehicle, Dockets and Record Books to the Judicial Secretary forthwith.
By a copy of this letter, the Director of Human Resources is requested to ensure that your name is deleted from the payroll of the Service with immediate effect.
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