Member of Parliament (MP) for South Dayi, Rockson-Nelson Dafeamekpor, has filed an appeal to reverse the decision of the High Court which dismissed his request to compel President Akufo-Addo and Speaker of Parliament, Alban Bagbin to act on the bill within seven days.
The appeal processes filed on Tuesday, April 30, 2024, states among other things that, “the High Court failed to exercise its discretion reasonably and fairly when it refused to grant the Applicant’s Application for Judicial Review in the Nature of Mandamus.”
On Monday, April 29, the High Court in Accra presided over by Justice Ellen Lordina Serwah Mireku said, though the court has jurisdiction to hear the mandamus, two pending cases before the Supreme Court challenge the processes of parliament which is a constitutional matter for the apex Court to address.
The Court said it is of the considered view that it will be inappropriate for the High Court to compel the Respondents (Alban Bagbin and Akufo-Addo) to act on the bill when the basis of the case is pending before the apex Court.
In exercise of its discretion, however, the court dismissed the request which was asking that the Speaker be compelled to transmit the bill to the President and the President should also be compelled to receive it.
A day after the decision, the Applicant – Rockson-Nelson Dafeamekpor, through his lawyers led by Nii Kpakpo Samoa filed a notice of appeal to challenge the decision of the High Court.
“Please take notice that the Applicant/Appellant herein who is dissatisfied with the decision of the High Court, (General Jurisdiction) Accra contained in the ruling of Her Ladyship Ellen Serwaa L. Mireku, J., dated 29th April 2024 hereby appeals to the Court of Appeal on the grounds set out in paragraph 3 of this Notice of Appeal and will at the hearing of this Appeal seek the reliefs set out in paragraph 4,” the Notice of Appeal stated.
Per the document filed on Tuesday, the Appellant stated that he has concerns about “the whole ruling.”
The grounds of his appeal he said are also grounded on the fact that “the ruling is against the weight of evidence.”
He stated that additional grounds were to be filed upon receipt of the Record of Appeal.
The Appellant and his lawyers are asking that the ruling of the High Court be reversed and the same be set aside.
Starrfm.com.gh
