Dismissal of NDC Review: Supreme Court did not commit any error – Samson Anyenini

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Private legal practitioner Samson Lardy Anyenini has said the decision of the Supreme Court to throw out the NDC’s review application on the new voter’s register is justifiable.

The apex court on Thursday dismissed the judicial review application brought before it by the opposition NDC on the court’s earlier ruling on the Electoral Commission’s new voter register.

The dismissal came after the lawyer for NDC, Tsatsu Tsikata failed to argue the case on behalf of the party.

Lawyer Tsikata however prayed that the court grant him some time to peruse documents filed by the Electoral Commission, but the court denied him the request, and rather  recommended that he move the case, which he refused.

Following this backdrop, Deputy Attorney-General, Godfred Yeboah Dame prayed that the court dismisses the application, which was granted by the judges.

This ruling from the apex court yesterday has been met with mixed reactions, as some sympathizers of the NDC contend that the court erred in its decision to throw out the application without granting the time requested by the NDC legal team.

But commenting on the fall out from the Supreme Court yesterday, Lawyer Samson Anyenini opined that it will be incorrect for one to say that the court “did the unthinkable” in its ruling on the review application.

Citing a precedent from 2007, the legal practitioner noted that the court might have relied on its ruling in 2007, which upheld that “[e]very Judge, subject to particular rules, has the right to control the proceedings of his or her court. Therefore how a motion should be dealt with is within the Judge’s discretion, whether a party be present or absent.”

The lawyer cum journalist explained that it is therefore not that unusual a practice. To him, it may have been great to have granted the NDC legal team some time to study the process served on him in court as most judges will, however, the decision is ultimately for the court to make.

 

 

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