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Update: Supreme Court dismisses injunction application on CI 78
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- Created on Wednesday, 19 September 2012 00:00
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Update: Supreme Court dismisses injunction application on CI 78
The Supreme Court has dismissed the application seeking to restrain Parliament from sitting on the controversial CI 78 which will create 45 new constituencies.
The businessman is describing the EC's creation of 45 new constituencies as illegal and wanted the court to rule on that.
He was however praying the court will restrain Parliament from sitting on the CI 48 until the court has ruled.
But Joy News’ Sammy Darko who was in court, reported that lawyer Chris Ackumey early Wednesday morning filed a motion against the plaintiffs’ request for the injunction.
Presiding judge Justice Ansah who heard the arguments from both sides ruled in favour of the respondents.Darko reported the judge as saying that his ruling Wednesday does not mean the legal battle on the matter is over, adding that the court will now hear the substantive case brought before it.
Explaining the reasons for dismissing the case the Judge cited a precedent- Tuffuor Vrs Attorney General- in which it was ruled that the court cannot interfere on issues that are before Parliament.
He stated further, the court can only do so, if it is the case that Parliament was interfering in constitutional matters.
He does not think Parliament by sitting on the controversial CI 78 is interfering with the constitution.
The CI will fully mature in 21 days and become law.
Justice Ansah also stated that for him to grant the injunction application, the plaintiff must show beyond doubt that he will suffer serious implication if the injunction is not granted.
On the contrary, he explained it is rather the respondents- EC and the Attorney General- who will suffer serious implications with regards to a successful organisation of the election if the injunction is granted.
But the plaintiff and his lawyers are unimpressed with the ruling.
Atta Akyea, a member of the legal team described the ruling as a bit surprising.
He told Darko the judge overlooked serious issues brought before him.
According to him, Parliament cannot be allowed to subvert the constitution before the court takes action.
You don’t wait for a car to crash before you take it to the workshop, he stated.
He said the legal team will meet to take a collective decision as to whether they will go for a review.
But the substantive case of illegality will now be heard at a later date.
From:Nathan Gadugah/Myjoyonline.com
