Election petition ruling can be reviewed, Supreme Court rules in favour of Mornah

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Created on Tuesday, 30 April 2013 00:00

Election petition ruling can be reviewed, Supreme Court rules in favour of Mornah

30 April 2013

General Secretary of the People’s National Convention Bernard Mornah has won a writ he filed at the Supreme Court seeking to nullify portions of the Constitutional Instrument 74.

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Rule 71B of C.I. 74 provides that the decision of the Supreme Court in respect of a petition presented to challenge the election of a President cannot be reviewed.

But lawyers for Mr Mornah argued that "To the extent that Rule 71B of C.I. 74 seeks to extinguish the constitutional right in article 133 of the Constitution to seek a review of a decision of the Supreme Court in Presidential election petitions, same is unconstitutional, null and void, and of no effect.

The five member panel which sat on the matter today upheld the lawyers’ argument. It also ruled that the Supreme Court sitting on public holidays will be unconstitutional.

Mr Mornah had also challenged Rule 69C (5) of the CI.I.74 which stipulated “the Court shall sit from day to day, including public holidays" when hearing a Presidential election petition”. His argument was that it violates the Public Holidays Act.

From: Myjoyonline.com