Supreme Court throws out NDC’s review application
An application by the National Democratic Congress (NDC) seeking the review of the Supreme Court’s decision excluding the existing Voter ID card and Birth Certificate as requirements for the ongoing registration exercise, has been thrown out.
The nine-member panel presided over by Chief Justice Kwasi Anin Yeboah ruled that the review application was without merit and the adjournment sought by the lawyer for the NDC overrode the timings set by the rules of the Court.
The Supreme Court however declined to award cost against the Plaintiff in the matter.
The Court earlier granted application for abridgment of time in order to pave way for the hearing of the review application. It declined an adjournment for the hearing of the review application.
The panel therefore ordered the NDC lawyer, Mr. Tsatsu Tsikata, to go ahead and argue the review application.
Mr. Tsikata however told the apex court that in the interest of the court and his client, he should be granted a short adjournment so that he could study the documents filed by the Electoral Commission and the Attorney General.
He further held that he had just been served in court with the EC and AG’s court processes and he could not move the review application without responding to certain issues raised in their court processes.
“I have not had the opportunity study the court processes and would also not be in the position to address the court,” Mr. Tsikata said.
Mr. Tsikata contended further that his junior colleague, Dr. Dominic Ayine had earlier on written to the Chief Justice praying that an abridgment of time as well as request for the apex court to sit during the legal vacation be granted.
According to Mr. Tsikata, there were precedents indicating that the apex court sat during legal vacations.
Mr. Godfred Yeboah Dame, A deputy Attorney General, was not enthused with the course taken by Mr. Tsikata saying, “Counsel on the side is running away from his own case.”
Mr. Dame said although the review application was shortly filed, his office had taken pains and within 48 hours responded to their review application as well as the motion for the abridgement of time.
He therefore prayed the court to dismiss the review application.
Mr. Justine Amenuvor, who represented the EC, also prayed the court to dismiss the application.
The seven-member panel of the Supreme Court on June 25, this year, held that the EC could go ahead to compile a new register excluding the use of birth certificate and existing voter’s card as proof of identification.
The NDC after studying the judgement of the SC, held that it erred when it excluded the use of birth certificate and existing voter’s ID card.
The panel on the review application were; Chief Justice Kwasi Anin Yeboah (Presiding) and Justices Jones Dotse, Paul Baffoe Bonnie, Sule Gbagegbe, Samuel K. Marful-Sau, Nene Amegatcher, and Professor Ashie Kotey, Yaw Appau and Mariama Owusu.