Audio By Carbonatix
Hearing on Day ten of the Presidential Election Petition took a dramatic turn when a lawyer filed an ex-parte motion challenging the hearing of the Election Petition by the Supreme Court.
Presiding Judge William Atuguba wasted no time at all in throwing out the case on the basis that due process was not followed.
Mr Benoni Amekudzi who came by an amicus curiae brief or a friend of a court claimed the ongoing hearing was in gross violation of the 1992 Constitution of Ghana.
He pleaded with the panel of judges led by William Atuguba to allow him to read the preamble of the constitution to back his motion.
But Counsel for the petitioners Philip Addison objected to the filing of the motion. He argued that a motion by amicus curiae can only be filed if it is of public interest and fully represents the interest of all parties involved in the case.
He was convinced however that Amekudzi’s motion was partisan and will only further the interest of the first Respondent.
Counsel for the first Respondent, Tony Lithur, in part, agreed with the arguments of Philip Addison. He said for the first time he has to agree with Addison not because the motion was partisan but because it was not properly filed.
Counsel for the second Respondent James Quarshie-Idun also agreed with the arguments posited by the counsel on the other side.
Tsatsu Tikata who represents the NDC stated the motion is not tenable. He argued further that the first respondent is ably represented by a competent lawyer for which reason the motion must be thrown out.
He said no “inter-meddler” should be allowed to disrupt the proceedings in court.
Presiding Judge William Atuguba after conferring with his colleagues ruled that motion was not properly laid and was in gross violation of Article 64 of the 1992 Constitution which gives the right to people aggrieved by election results to proceed to court.
He therefore threw out the motion and asked that the court “proceeds in peace”
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