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Supreme Court dismisses Dafeamakpor’s interlocutory injunction

The Supreme Court has dismissed an interlocutory injunction filed by Rockson-Nelson Dafeamakpor, the Plaintiff, who sought a restraining order to stop the Speaker of Parliament from approving some ministerial nominees. The Court, presided over by Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, said there was no basis to prevent Parliament from approving the President’s ministerial nominees. The Court said it dismissed the application as an abuse of the Court’s process. “I am sad to see that parties, who file suits do not sometimes follow up on the matter,” she added Initially, Mr Godfred Yeboah Dame, the Attorney General opposed to the application, indicating that it was an abuse of the Court process. He argued that the plaintiff lacked standing to litigate on the points raised and requested that the application be dismissed. Mr Thaddeus Sory, counsel for the Speaker of Parliament, told the Court that his client had not filed an affidavit in opposition to the application. He said that the application did not meet any of the approval requirements and did not indicate that the plaintiff would suffer any repairable damage. When the matter was called on Wednesday, March 27, 2024, Mr Dafeamakpor, the Member of Parliament for South Dayi, and his lawyer Nii Kpakpo Samoa Addo were both absent. The Court asked about the plaintiff’s whereabouts and had to stop the case to confirm with the bailiff whether a hearing notice had been served on him. According to the bailiff, who was under oath, a clerk named Naa at Addo, Addo Legal Attorneys said she had been instructed not to receive any processes related to the case. The bailiff said after receiving that information, he left the hearing notice on the table of the clerk, indicating that the plaintiff had been duly served with the processes for hearing. Meanwhile, the Speaker of Parliament and the Attorney General have confirmed they were duly served. The Court also struck out an application for leave to amend the writs of Summons filed in the Court. GNA

NDC calls out Supreme Court for bias in scheduling of political cases

The National Democratic Congress (NDC) has voiced concerns regarding the scheduling of political cases by the Chief Justice. In a press release issued by the NDC today, March 27, 2024, they expressed apprehension over certain decisions made by the Supreme Court, alleging “palpable bias” in the arrangement of cases with political ramifications. These concerns arise as the Supreme Court has scheduled a hearing for Wednesday, March 27, 2024, on a writ filed by Member of Parliament for South Dayi, Rockson-Nelson Etse K. Dafeamekpor. The NDC lawmaker is asking the Apex Court to restrain the Speaker of Parliament and the Chamber from vetting and approving some ministers of State referred to the House for consideration and appointments. The lawsuit, filed against the Speaker of Parliament (1st defendant) and the Attorney General (2nd defendant), was initiated on March 18. However, preceding this was a case brought forth by private legal practitioner, Richard Dela Sky, who sought a declaration that the Human Sexual Rights and Family Values Bill, commonly known as the anti-gay bill, is null, void, and of no effect. This was filed on March 5. All though the case of Hon. Rockson Dafeamekpor which was last in time to be filed, has been hurriedly listed for hearing, while that of Richard Dela Sky which predated the Dafeamekpor case by two weeks, has not been listed for hearing at all. The General Secretary of the NDC, Franklin Fifi Fiavi Kwetey-signed statement indicates that “given the recent political deadlock that these two legal suits have created between the Executive arm and the Legislative arm of government, one would have expected that the date of filing of the cases would have informed the timing of their hearing by the apex Court.” “It’s quite apparent, that this is a ploy by the Chief Justice to fast-track the determination of the suit filed by Hon. Rockson Dafeamekpor, while the determination of the Richard Dela Sky suit is deliberately and unduly delayed, to enable the President shelve the crucial Sexual Rights and Family Values Bill that has been passed by Parliament. “ “The arbitrary exercise of administrative discretion by the Chief Justice, particularly in the scheduling of cases in the Supreme Court, goes to fortify the high perception of bias on the part of the judiciary.” “Such judicial manipulations go to confirm the growing public perception that the current Chief Justice, is a pliant accomplice and abettor of the misrule of the despotic Akufo-Addo/Bawumia/NPP government.” GBC Online

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