Farmer Seeks Review Of Supreme Court Ruling
A 35-year-old farmer and businessman of Sunyani-Odomase, Kwame Baffoe aka Abronye DC, has hinted DAILY GUIDE that he would file his review documents by close of Friday.
According to the farmer, though he is not a party to the case, he is a citizen of Ghana and therefore would like to exercise his constitutional rights by invoking Article 133 (1) of the 1992 Constitution which reads ‘The Supreme Court may review any decision made or given by it on such grounds and subject to such conditions as may be prescribed by rules of court’ for his action.
He averred that the apex court of the land erred in its ruling by first of all indicating that the decision to dismiss the petitioners’ claims was a 6 to 3 majority decision which later turned out to be rather a 5 to 4 split decision.
Abronye DC argued that though the Supreme Court has described the discrepancies in the ruling as a ‘clerical error’, the court erred in amending its own judgment as it had made.
The 35-year-old farmer is of the view that the court did not carefully consider the evidence brought before it to guard its ruling.
He said nowhere in the world has an unsigned document been accepted as an authentic document, and therefore he was amazed to have heard the Supreme Court ruled that unsigned pink sheets were in order.
One of his grounds, he indicated, is that upon his careful analysis of the ruling, it has come to his notice that the petitioners should have rather been declared winners because his assessment of the individual judges voting established that the petitioners should have won the case by a 5 to 4 majority contrary to the declaration made by the Presiding Judge, Justice William Atuguba on August 29.
The farmer further said three of the judges, namely Justices Anin Yeboah, Julius Ansah and Rose Constance Owusu granted all the three claims of the petitioners that there was over voting, absence of signature of the presiding officer and voting without biometric verification.
Again, Justice Paul Baffoe-Bonnie granted the claim of voting without verification; while Justice Jones Victor Dotse upheld the claims of absence of signature of presiding officers.
Mathematically, he said, five of the justices upheld the claims of the petitioners, and therefore, the permutation should have been a 5 to 4 majority declaration upholding the claims of the petitioners.
It is his expectation that the Supreme Court headed by the Chief Justice, Georgina Theodora Wood, would grant his application for review so that the right thing would be done to ensure justice for the petitioners to further consolidate the peace and rule of law of the country.
The opposition New Patriotic Party (NPP) led by its 2012 flag bearer Nana Addo Dankwa Akufo-Addo, running mate Dr Mahamudu Bawumia and the party’s National Chairman Jake Otanka Obetsebi-Lamptey filed a petition at the Supreme Court just after the 2012 elections alleging widespread violations and irregularities.
However, the nine-member panel of justices of the court presided over by Justice Atuguba, after hearing the case which travelled for about eight months, last Thursday dismissed the petition on a 6 to 3 majority decision, thereby validating the election of President John Dramani Mahama.
Nana Akufo-Addo immediately after the court declaration called President Mahama and congratulated him and told the press that he would not seek for a review of the court’s decision.
FROM Fred Tettey Alarti-Amoako, Sunyani
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