Audio By Carbonatix
The Legal team of the National Democratic Congress (NDC) says the party feels vindicated by the Supreme Court decision that revoked the power of the country’s courts to sit on public holidays.
The team says many party activists have in the past been victims of the New Patriotic Party (NPP)’s manipulation of the court’s power.
Citing a couple of instances in the 2008 elections to back its case, Nana Ato Dadzie, a leading member of the NDC legal team said on a public holiday in 2008, the NPP, led by Lawyer Atta Akyea went to court to try and overturn the declaration of Prof. John Evans Atta Mills as president.
Again he recalled on another public holiday in December, some two NDC members were arrested, an action they firmly believed was unconstitutional.
The Supreme Court Tuesday rewrote the rules governing election petitions. It rejected the previous regulation that required judges to hear election petitions even on weekends and holidays.
It also removed a previous clause in the law that barred parties in an election petition from appealing the verdict. Member of the NPP legal team, Gloria Akufo said the courts must now simply apply the law and avoid hearings on holidays.
General Secretary of the People’s National Convention (PNC) Bernard Mornah on Tuesday 30th April, won a writ he filed at the Supreme Court seeking to nullify portions of the Constitutional Instrument (C.I) 74.
Rule 71B of C.I 74 provides that the decision of the Supreme Court in respect of a petition presented to challenge the election of a President cannot be reviewed.
But lawyers for Mr Mornah argued that "To the extent that Rule 71B of C.I 74 seeks to extinguish the constitutional right in article 133 of the Constitution to seek a review of a decision of the Supreme Court in Presidential election petitions, same is unconstitutional, null and void, and of no effect”.
The five member panel which sat on the matter upheld the lawyers’ argument. It also ruled that the Supreme Court sitting on public holidays will be unconstitutional.
Mr Mornah also challenged Rule 69C (5) of the CI.I. 74 which stipulated “the Court shall sit from day to day, including public holidays" when hearing a Presidential election petition”. His argument was that it violates the Public Holidays Act.
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Tags:
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Latest Stories
-
‘October 3 is the only poll I believe in’ – Paul Afoko dismisses NPP chairmanship survey
14 minutes -
Contractors who delay projects risk losing Big Push contracts – Agbodza
16 minutes -
NPA uses Fetu Afahye to educate consumers on petroleum safety
31 minutes -
Roads Minister orders contractors to keep working during official visits
40 minutes -
New 4-year bond attracts GH¢4.46bn in bids
41 minutes -
AIA VIP Lounge to be completed without taxpayer funds – Ablakwa
45 minutes -
KEEA Assembly disburses GH¢267,518 to 94 PPCs in third quarter
48 minutes -
GAF clears 175.6km corridor for Accra-Kumasi Expressway ahead of schedule
53 minutes -
Dr Abu Sakara urges African youth to lead economic freedom
53 minutes -
24-Hour Economy mobilises GH¢1bn for poultry value-chain transformation
59 minutes -
From working in his room to building a business group – Michael Bartlett-Vanderpuye’s journey
60 minutes -
SOEs dividend contributions fall 45.5% in 2025- Report
1 hour -
DBG steps up textile industry financing with new investor-ready projects
1 hour -
GPL: Hearts make emphatic winning start, Debibi United hold Kotoko
1 hour -
Middle East conflict disrupts Ghana’s gold exports as first-half volumes dip
1 hour