In dismissing the petitions, the Supreme Court emphasized that the bill had not yet been enacted. Justice Lovelace Johnson clarified that until a bill receives presidential assent, it remains a legislative proposal and does not qualify as an enforceable law subject to judicial review.
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“After chalking a momentous victory against the Speaker of Parliament…the judgment has not even been entered or served on the Speaker. Now there is a subtle plea that the Speaker should use his discretion to recall Parliament,”
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“The Constitution itself says the Supreme Court shall, for a declaration, and across one of this article, make such orders and give such directions as it may consider appropriate for giving effect or enabling effect to be given to the declaration,” Justice Atuguba stated
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There is no order saying that the MPs must be allowed in Parliament or order directing that Parliament recognise the said MPs as earlier ordered by the Court contained in the majority decision of the Court. The order staying execution of the Speaker’s ruling is NOW SPENT
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“Until the Lord Justices decide to start expunging part of the Constitution for us to see that the application of the law is not skewed and imbalanced, I do not see why anyone who has the conflict of interest should be allowed to vote because 104(5) says you have a conflict of interest so do not vote.
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Reiterating those demands in the new application, the team is demanding the originals of the constituency presidential election result collation forms (form 9) for all constituencies, the originals of all constituency presidential election results summary sheet (form 10), and the originals of the regional presidential election collation forms (form 11) for all regions.
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Lead Counsel for the petitioner, Tsatsu Tsikata had argued that the interrogatories are relevant as it would help the apex court determine the authenticity of the result that was declared on December 9, 2020, by the EC.
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The Supreme Court on June 4, gave the EC up until June 8, to justify its stance on its refusal to use the card. The Commission has complied raising six legal issues in 31 pages to attempt to get the court to agree with it.
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A seven-member panel of the Supreme Court, presided over by the Chief Justice, Justice Anin Yeboah, gave the order Thursday, June 4, during hearing of a suit by the opposition National Democratic Congress (NDC) challenging the upcoming compilation of new voters register by the EC.
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