A lecturer at the College of Ghana’s School of Legislation, Dr Abdul Basit Bamba contends the Electoral Commission continue to lacks the authorized mandate to have out the voters’ registration physical exercise.
He maintains the Supreme Court’s ruling does not fabric the EC with the electric power to go forward because the Constitutional Instrument regulating the physical exercise does not enable a compilation of a new sign up.
The Supreme Courtroom in a unanimous conclusion on June 25 held that the EC can go in advance with the exercise in compliance with C.1 126.
Dr. Bamba is symbolizing NDC MP Ernest Norgbey in the only case ahead of the court.
The situation submitted at the Adenta Substantial Court docket is a Judicial Review inquiring the Significant Courtroom to rule that C.I 126 which was amended from C.1 91 does not give the EC the power to compile a new register.
He instructed JoyNnews’ courtroom correspondent Joseph Ackah-Blay in an interview that the EC simply cannot go in advance with no a resolution of this situation.
“The Electoral Commission does not have the legal mandate to compile a new register. There is an existing register compiled below C.I 91 which has not been revoked.
“If they go ahead, we will have two registers”, He stated.
Deputy Attorney General Godfred Yeboah Dame in an previously job interview with JoyNews stated this circumstance will not prevent the EC from carrying out the work out.
“No courtroom has the solution of electing irrespective of whether to comply or obey this ruling. The Supreme Courtroom has ordered in the training of its powers in excess of all lower courts in the place that this determination is the final determination on the subject and should be complied with”, Mr. Dame stated.
On whether or not or not a listening to could just take place at the Higher Courtroom Mr. Dame responded that the Supreme Court docket choice would have to be introduced to the consideration of the Substantial Court docket Judge so it dismisses it.
“The courtroom will not have to listen to an injunction and occur back and hear a substantive accommodate.”
But Dr. Bamba disagrees with this view.
He argues that the Deputy AG is not a get together to his circumstance.
“Don’t set unnecessary force on the court docket. Permit the court docket to rule on this make a difference. I would like he had not spoken about a make a difference he is aware quite very little about. The AG is not a social gathering to this matter”.
Dr. Bamba maintains the Supreme Courtroom buy that the ruling applies to all pending or scenarios to be filed on the same or related difficulties does not utilize to his circumstance.
He points out they are questioning the lack of an enabling law governing the physical exercise.
