The SRC Judicial Board has granted an injunction on the electoral processes in relation to the 2019 UG SRC elections.
The decision is on the back drop of a petition filed by Mr. Joseph Micheal and Mr. Haruna Lancer Lawrence for reliefs inter alia “a grant of a limited time or period for the above-named petitioners to file their nominations to contest the 2019 SRC elections as President and Vice President.”
In a court hearing presided over by Mandy Abakah JSC, the Justice granted the application for ‘interlocutory injunction’ , pending the hearing and determination of the substantive petition.
This means that all process have been halted till the petition is heard and determined.
This implies that the decision of the substantive petition will determine whether the petitioners can join the 2019 SRC election race or not.
The court was however plunged into drama, when a private student lawyer was employed by the Electoral Commission to represent them aside the constitutionally mandated legal advisor as stipulated in article 17, 22 and 49 of the UG SRC constitution.
Mr. Samuel Kafui, lead council for petitioners, challenged the legitimacy of the private student lawyer to represent the Electoral commission of the University of Ghana Students Representative Council as stipulated in article 17 and 22 of the UG-SRC.
The presiding Justice referred the issue to the substantive justices to determine the interpretation as she did indicate the issue was outside her jurisdiction.
Council for the UG SRC, Mr. Affram challenged the authority the court relied on to defer the earlier decision (the second decision) that the private legal student lawyer could not represent the Electoral commission.
“Even if the decision is erroneous, it violates article 133 of the 1992 constitution which states that three justices are needed to reverse the decision of a single justice, and a single justice had no power to reverse her earlier decision.”
The popular student lawyer exited court room as was ordered by Justice Abakah, after a series of heated exchanges as the former’s resilience to refer the court to an authority, in a quest to exercise his priviledges.
Mr. Ahmed Okofo Boampong, a friend of the court intervened to give clarification on the issue and reiterate the stance of the Presiding Justice.
The EC was represented by Student lawyer, Mr. John Kwashigah Nenyo, while the Petitioners were represented by Samuel A. Kafui.
Story by: Godfred Dampte-Larbi