The Supreme Court has refused a preliminary legal objection against the certiorari application by the National Democratic Congress (NDC) which is seeking to quash a ruling by the High Court for the re-collation of the parliamentary results in six constituencies. Lawyer for the New Patriotic Party (NPP) Parliamentary candidates for the six constituencies, Gary Nimako Marfo on Friday morning [Dec 27] raised a preliminary legal objection on the basis that the NDC failed to attach the ruling of the High Court when it filed the certiorari application before the court.
Such a failure, Mr Nimako argued, was non-compliance with the rules of court, and therefore urged the court to throw out the application. The five-member panel of the court, however, held that the said judgment of the high court, although was not initially filed by the NDC, was subsequently filed as a supplementary affidavit.
In view of this, the court decided to waive the non-compliance of the rules by the NDC and allow the application to be heard. The five-member panel is presided over by Justice Gabriel Pwamang, with Justices Henrietta Mensa-Bonsu, Ernest Gaewu, Henry Kwofie and Richard Adjei-Frimpong as members.
Ruling
Meanwhile, the court has retired into chambers to come out with its ruling. This was after the court heard the submissions of lawyer for the NDC, Godwin Edudzi Tameklo, lawyer for the EC, Justine Amenuvor and lawyer for the NPP parliamentary candidates, Gary Nimako Marfo.
more to follow…
