THE SRC Judicial Board yesterday the 21st of November 2016 with a 3 to 2 majority dismissed a counter motion meant to set aside the the motion set before it in the matter of the SRC vrs the Akuafo Hall JCR Judicial Board, Exparte Gilbert Asamoah.
Mr. Gilbert Asamoah filed a suit against Mr. Smith Dumenyo and the Electoral Commission of Akuafo Hall in the superior court of Akuafo Hall to challenge the eligibility of first defendant(Mr. Smith Dumenyo) to contest the Vice President portfolio in Akuafo hall. His statement of claim is based on article 10/4 of Akuafo Hall JCR constitution which reads
“To qualify to hold any of the offices of the JCR, a member must have immediately preceding elections been a member of the JCR for at least a year and should have one more year to complete.”
The three member bench in a unanimous decision, dismissed plaintiff’s case. As counsel for plaintiff said in court, they accordingly filed an appeal at the superior court of UG SRC.
IN COURT YESTERDAY(21st November, 2016)
Counsel for respondent ( Asiedu CJ) prayed the court to dismiss applicant’s case on grounds that, the decison read in court and on which applicant has based his writ is the sole ruling of Chief Justice G. Asiedu and the other judges are yet to release their ruling on the matter all of which would be ready and accordingly released on 22nd November, 2016, and plaintiff’s action (coming to court with just one ruling) is unprecedented.
Counsels for applicant told the court that, respondent made it clear in court that it was a unanimous decision that he read so their action is on point.
The five member bench, presided over by Justice Bonsu-Turkson dismissed the counter motion in a 3 to 2 majority on grounds that they believe the judgement read in Akuafo hall is the unanimous decision of the court. Justice Bonsu-Turkson, Justice Agyimaa and Justice Asamoah were for the majority while Justice Muttah and Justice Quashingah were for minority.
The court was subsequently adjourned.
Story by Oswald K Azumah