Ugfile has confirmed from the office of the Chief Justice of UG-SRC a broadcast going round on social media informing the student body of an injunction placed on the electoral process of the SRC. The injunction is to prevent the Electoral Commission from carrying out the vetting of ‘qualified’ aspirants which was scheduled for today Friday, 24th March 2017.
Below is the communique from the office of the CJ.
AN ORDER RESTRAINING THE ELECTORAL COMMISSION FROM CARRYING OUT VETTING OF THE SRC ASPIRANTS
As established by the Supreme Court in the case of 18TH JULY v YAHENS, for a plaintiff to succeed in an action for an interim injunction, the following elements must be present.
It must first be established that there is a serious triable issue before the court.
Secondly, the plaintiff must show that he will suffer irreparable damages should the application be refused. SINCE no amount of damages awarded him by the court can cure the INJUSTICE.
It must also be established that the BALANCE OF CONVENIENCE favours the grant of the interim injunction.
Lastly, the plaintiff must be willing to make an UNDERTAKING IN DAMAGES should the action fail.
In the wisdom of the BENCH, the balance of convenience favours the grant of the interim injunction since should the court go ahead to deny the application the plaintiff seeks to suffer IRREPARABLE DAMAGES which the court cannot compensate him for. And this will amount to a great deal of injustice to the applicant herein.
Also, counsels of the plaintiff in their erudite submission adverted the mind of the court to the fact that there is a SERIOUS ISSUE OF LAW TO BE TRIED.
In light of the above, the court HEREBY GRANTS THE APPLICATION FOR AN INTERIM INJUNCTION, restraining the RESPONDENTS AND THEIR ASSIGNEES from carrying out the vetting process scheduled for today, the 24th of March, 2017 until the substantive case has been determined by the SRC JUDICIAL BOARD.
The injunction was filed by counsel for Alfred Kumi and Emmanuel Boadi. The duo, who are running on the same ticket, were disqualified by the Electoral Commission earlier this week due to “records of the dean”. But campus based media house, radio univers, confirmed their disqualification was due to the inability to meet the constitutionally mandated CGPA of 3.0
The Judicial Board is expected to seat and hear the substantive case tomorrow 25th March 2017.
Report by Oswald K Azumah