Ruling Of The USAG Judicial Board In The Case Of Mohammed Nasirudeen V Brilliant Yohannes Okudzeto
The work of the Judiciary Board has been made most difficult at this congress owing to personal perpetration of individuals. It is rather unfortunate that two of the Justices who sat on this case were assaulted by a supporter of one candidate owing to their belief that the unfair had been done to their candidate.
It is even most shameful that at a gathering of UNIVERSITY INTELLECTUALS, violence had to be resorted to as a means of solving problems.
Notwithstanding these difficulties, the Judicial Board recognizes that its sole mandate lies in ARTICLE 47(1) which is enforcing the USAG constitution. We are also mindful of the fact that per ARTICLE 45, the JUDICIAL BOARD is subject to only the CONSTITUTION and no other BODY whatsoever.
After listening to the case of the petitioners and in the absence of the defendant appearing despite persistent notice, the committee has made the following findings,
1. That based on the documentary evidence which is the judgement of the judicial board of the defendant, which speaks to the effect that indeed the defendant in unison with the then SRC PRESIDENT illegally withdrew monies from the SRC account to the tune of GHC 5,500.
2. That per article 14(4)(ii) of the UEW (main campus) -SRC constitution, a person who has misappropriated funds cannot contest for PRESIDENT.
3. That the said judgement from the judicial board has not been overruled, set aside or reviewed.
In light of these findings, it is our unanimous ruling that:
1. Per article 54(1) of the USAG constitution, the defendant cannot contest for USAG PRESIDENT as he cannot contest for the same position in his institution which is the UNIVERSITY OF WINNEBA.
2. Per article 55(2) of the USAG constitution, MR BRILLIANT YOHANES OKUDZETO has been declared by a competent judicial committee to have misappropriated funds in unison with WILSON DABUO to the tune of GHC5,500 and therefore cannot continue in the electoral process.
THE CANDIDATURE OF MR BRILLIANT YOHANES OKUDZETO IS THERFORE ANNULED AS PRAYED BY THE PETITIONERS AND NOTWITHSTANDING ANY ELECTORAL PROCESS HE MIGHT HAVE TAKEN PART IN, HIS CANDIDATURE IS DECLARED TO BE VOID AB INITIO AND HENCE THE DEFENDANT CANNOT CONTINUE IN THE ELECTORAL PROCESS.
It should however be noted that is just a ruling and a comprehensive judgment covering all events of the hearing shall be appropriately captured therein shall be written at a later date.
In conclusion, we borrow the words of JUSTICE KPEGAH IN THE CASE OF AGBEVOR V ATTORNEY GENERAL that “JUSTICE”, THEY SAY, “MUST BE DONE EVEN IF THE HEAVENS FALL”.
CHIEF JUSTICE EMELIA AGYEMFRA DONKOR(PRESIDING)
JUSTICE NICHOLAS L. ANANE AGYEI(SECRETARY)
JUSTICE ISAAC LARTEY
JUSTICE EMMANUEL KWABENA OWUSU AMOAH
JUSTICE OSMAN ZAKARIA FAHAD.
HENRY AKUFFO ASIEDU (CLERK)
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