The ruling by the Chief Justice nullifies the decision to withhold the retirement benefits of Justice Kwame Ohene-Essel (retd) until the final determination of the impeachment process against him.
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Ghanaian judge caught on tape accepting 'bribes' from Anas entitled to pension benefits - Supreme Court
One of the judges caught on tape for accepting money for legal favours in 2015 following an exposé by investigative journalist, Anas Aremeyaw Anas, is entitled to his retirement benefits, the Supreme Court has ruled.
Justice Kwasi Anin Yeboah, Chief Justice
Justice Ohene-Essel was granted his benefits after the Supreme court held that he was not impeached, neither did the Chief Justice set up any committee to conduct impeachment proceedings against him as of the time he retired as a judge.
The court held that "An impeachment proceedings cannot be commenced in respect of a retired Judge. After all, if the process is completed, and the recommendation is for removal from office, from where will he be removed from, and to what effect?"
The judge was part of some justices who were filmed by Anas Aremeyaw Anas allegedly trading justice for pecuniary and other material benefits in 2015.
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Anas Aremeyaw Anas
Pulse Ghana
Anas petitioned the President to remove the said judges from the Bench which petition was forwarded to Chief Justice Georgina Theodora Wood to initiate steps in accordance with the constitution to establish their guilt or otherwise.
Article 146 (3) of the constitution states that "If the President receives a petition for the removal of Justice of a Superior Court other than the Chief Justice or for the removal of the Chairman of a Regional Tribunal, he shall refer the petition to the Chief Justice, who shall determine whether there is a prima facie case."
The Justices are:
His Lordship Justice Francis K. Opoku
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His Lordship Justice Kofi Essel Mensah
His Lordship Justice John Ajet Nassam
His Lordship Justice Ernest Obimpeh
His Lordship Justice Kwame Ohene-Essel
Her Ladyship Justice Ivy Heward-Mills (Mrs.)
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His Lordship Justice Gilbert Ayisi Addo
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