Judicial review application of judgment on deputy speakers’ voting right dismissed

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The Supreme Court has unanimously dismissed an application for review of its earlier judgement on the voting rights of a deputy speaker or a member presiding in parliament.

Justice Abdulai, a private legal practitioner and plaintiff in the original case filed for a review of the judgement which he said: “constitutes exceptional circumstances that resulted in the miscarriage of Justice.”

In his statement of the case, Justice Abdulai added that there has been a discovery of “new and important matter or evidence which, after the exercise of due diligence, was not within the applicant’s knowledge or could not be produced by him at the time when the decision was given.”

But the court on Tuesday, April 26, 2022, dismissed the application.

A Deputy Attorney General and Minister for Justice, Diana Asonaba Dapaah, argued that Justice Abdulai failed to demonstrate the miscarriage of Justice he complains has been occasioned by the judgement, neither did he show any matter he was inviting the Court to consider. She urged the Court to dismiss the application as it lacks merit and is a clear abuse of the court.

The Supreme Court in dismissing the review application said it fell short of the set threshold and had no merit.

The review panel presided over by Justice Jones Dotse, had Justices Nene Amegatcher, Prof. Ashie Kotey, Mariama Owusu, Lovelace Johnson, Gertrude Torkornoo, Clemence Honyenuga, Prof. Henrietta Mensah-Bonsu, and Emmanuel Yony Kulendi.

The apex court on Wednesday, March 9, 2022, ruled that Deputy Speakers presiding over proceedings in Parliament had the right to vote on matters and to be counted as part of the quorum for decision-making in Parliament.

Those who disagreed with the Supreme Court’s ruling including the Speaker, urged the application to go for review.

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