YOUR RIGHT TO PRIVACY MAY BE INFRINGED IN A CIRCUMSTANCE WHERE YOU ARE INDULGED IN CORRUPTION (BRIBERY)

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YOUR RIGHT TO PRIVACY MAY BE INFRINGED IN A CIRCUMSTANCE WHERE YOU ARE INDULGED IN CORRUPTION (BRIBERY) 

In the case of Justice Paul Uuter Dery & Ors. v. Republic of Ghana (2019) ECW/CCJ/JUD/17/19, the ECOWAS Court dealt with a significant matter involving allegations of corruption and bribery among judicial officers. The illegal activities were brought to light through the use of a covertly installed camera, which recorded the superior justices accepting monetary bribes from both a court clerk and a supposed relative of an accused individual. Additionally, the justices were observed receiving sheep and goats from the said relative. These actions were uncovered during an investigation conducted by Tiger Eye PI into the conduct of judicial officers in Ghana. 

The ECOWAS Court, in determining whether the privacy rights of the accused officers were violated through the surveillance, concluded that the secret filming was justified due to the Applicants' engagement in illicit activities. The Court referred to Article 8(2) of the European Convention on Human Rights (ECHR), which is analogous to Article 12 of the Ghanaian Constitution, to identify the legitimate grounds on which interference with privacy can be justified. These grounds include public safety, the economic well-being of the country, the protection of health and morality, and the prevention of disorder or crime. 

Consequently, the Court determined that this fell within the scope of pursuing the legitimate objective of exposing criminal behavior. Thus, the Court held that the interference was in accordance with the law. 

It is evident from the interpretation of the Whistle Blowing Act 2006 (Act 720) of Ghana that the legislation empowers individuals to disclose any information based on a reasonable suspicion that another person has failed to comply with the law or is likely to do so, thereby violating an obligation imposed on that person. 

In this case, the disclosed information concerned the commission of the crime of bribery, which clearly constitutes a violation of the law. Therefore, the ECOWAS Court concluded that the alleged interference, based on national legislation, was in accordance with the law. 

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