Alexander Afenyo-Markin, the Minority Leader of Parliament
Minority Leader Alexander Afenyo-Markin has raised fresh concerns over the judgment delivered by the Tamale High Court in the Kpandai constituency election petition which has since been declared null and void and a fresh election ordered.
The caucus leader in a statement said the outcome of the case was unlawful or unconstitutional while expressing worry over the failure of the judge in releasing the written judgment.
According to him, the failure to deliver the judgment is a procedural inconvenience and prevents the sitting MP from preparing his appeal.
He indicated that “it prevents the public from understanding how a court can purport to nullify 152 polling stations when only 41 were challenged. It prevents constitutional scrutiny of a shocking decision that appears to lack constitutional and legal foundation”.
He has therefore called on the presiding judge to release the written judgment.
”Hon Mathew Nyindam has filed a notice of appeal and an application for stay of execution of the order purporting to nullify the election result. The Minority group remains solidly behind him. We maintain our commitment to the rule of law. However, that commitment presupposes a functioning appellate system. Without the written judgement, the appellate process is paralyzed.
“I therefore call upon His Lordship to immediately publish the full written judgement.
“Our constitutional democracy cannot function on unexplained directives. Justice cannot be done or be seen to be done when a court issues a constitutionally questionable order affecting parliamentary representation but fails to provide timely written reasons purporting to justify that order.”