Private legal practitioner Richard Nii Armah Esq. has educated the public on the recent decision by the Supreme Court of Ghana to halt the parliamentary election process in Kpandai.
Speaking on the Ebaanosen Show on Plan B 104.5 FM, Lawyer Armah explained that the Supreme Court is not only the highest court of appeal in the country but also a constitutional court mandated to interpret the Constitution for the benefit of citizens.
He clarified that the case before the Supreme Court is not an appeal but a judicial review, sometimes referred to as certiorari. According to him, judicial review is sought when a party believes a lower court acted without the legal authority or jurisdiction to hear a case.
Explaining the basis of the application, Lawyer Armah stated that the applicant, Mr. Nyindam, approached the Supreme Court on the grounds that the High Court lacked the authority to preside over the matter. He further noted that under Ghana’s electoral laws, once an election is conducted and disputes arise, the results must first be published in the Gazette. Only after publication does the law allow a 21-day window within which a case can be taken to court.
“If that process is not followed, the court does not have the jurisdiction to sit on the matter,” he explained.
According to Lawyer Armah, Mr. Nyindam filed for a judicial review rather than an appeal, prompting the Supreme Court to temporarily halt the process. He added that the outcome could either allow Mr. Nyindam to maintain his seat or result in a re-run of the election, depending on the court’s final determination.
He also disclosed that Mr. Nyindam included all relevant parties in the case, including the Electoral Commission of Ghana, when the matter was initially taken to the High Court.
Concluding his explanation, Lawyer Armah stated that judicial reviews do not involve oral interviews or cross-examination in court. Instead, all arguments are presented through written submissions already filed before the court for consideration.
By: Abigail Oppong Boateng/Planbfmonline.com
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