A private legal practitioner, lawyer Alfred Tuah-Yeboah says the decision by the Accra High Court to struck out the initial lawsuit challenging the disqualification of Nana Konadu Agyemang Rawlings on Thursday, was not surprising.
According to the ruling delivered by Justice George K. Koomson, the decision to strike out the case was due to the wrong procedure used by Nana Konadu in the initial filing hence making the case “incompetent.”
In his ruling the judge indicated that the applicants were wrong to include an application for judicial review and the enforcement of fundamental human rights in one writ.
Justice Koomson also said by seeking for both enforcement of fundamental human right and judicial review will be embarrassing to the court and will cause undue delay to the case.
Responding to the decision by the court lawyer Tuah Yeboah said,the decision by the court was not surprising and any lawyer that may think otherwise, is either a novice or inexperienced.
He explained that despite the dismissal of the case, the plaintiff has an opportunity to refile. The party has since the case was dismissed refiled at the Human Rights Court Division of the Accra High Court.
Nana Konadu was also fined GHC 10, 000 cedis after the case was struck out and in an answer as to whether the cost was on the high side, lawyer Yeboah said that decision is a discretionary one as some judges may award higher or lower than what Justice Koomson awarded.
Nana Konadu Agyemang Rawlings was disqualified with some 12 other presidential candidates for failing to meet the requirements set out in the C. I 94. However, she filed a suit against the Electoral Commission challenging her disqualification.
The suit, filed on Monday, 17 October, 2016. They were seeking an “interlocutory injunction, prohibiting and restraining” the Electoral Commission and its agents from going ahead with the balloting of presidential candidate until the court settles the matter. The new case refiled will be heard on Tuesday November 1, 2016.
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