The Supreme Court has adjourned to June 21, 2013 its ruling on the application filed by the National Youth Organiser of the People’s National Convention (PNC), Mr Abu Ramadan.
The application is seeking a review of the Supreme Court’s earlier decision which permits any party which is not satisfied with the outcome of a presidential election petition to file for a review.
The adjournment was necessitated by the absence of Mr Justice Julius Ansah, one of the nine justices sitting on the case.
Mr Justice Ansah’s absence was said to be as a result of ill-health.
Some leading members of the New Patriotic Party (NPP), including Mr Yaw Osafo-Maafo, a former Finance Minister, and Prof. Mike Oquaye, the former Second Deputy Speaker of Parliament, who were in court left the courtroom as soon as it was announced that the decision of the court could not be read.
The court had, on April 30, 2013, ruled that the directive by Rule 69 C (5) of the Supreme Court (Amendment) Rules, 2012 (CI 74), which provides in part that “the court shall sit from day to day, including public holidays, when hearing a presidential election petition”, was unconstitutional and, therefore, null and void.
In a unanimous decision, the court held that a review of its decisions was a right created by Article 133 (1) of the 1992 Constitution.
In an affidavit in support of his application for review, Mr Ramadan, who is also praying the court to review its decision not to sit on public holidays and weekends on a presidential election petition, argued that the decision under reference was not private in nature, but public in character, having far-reaching consequences for Ghana’s constitutionally sanctioned democracy and the rule of law.
The applicant said the decision undermined the1992 Constitution.
By Sebastian Syme
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