…AS JURY CLEARS MR. SMITH DUMENYO TO CONTEST VEEP PORTFOLIO.
Following the decision taken by the Akuafo JCR Superior court yesterday, the jury proceeded to deliver judgement on the evening of Thursday, 17th November 2016 on the matter involving Mr. Gilbert Asamoah vs Mr. Smith Dumenyo and the Electoral Commission. (Which seeks to disqualify Mr. Smith Dumenyo from contesting the Vice President portfolio).
The court based its unanimous judgement on two key points.
1 Whether or not the meaning, scope and legal effect of article 10(4) has to be ascertained by the court?
2. Whether or not a level 200 student is qualified to stand for an executive position in Akuafo hall.
Before judgement was given, Counsel for plaintiff, Mr.Bekoe reminded the court that, article 10/7 of Akuafo constitution states that only article 10/1 to 10/4 should be used to qualify a candidate.
In a unanimous decision, the three panelled jury presided over by Chief Justice Asideu dismissed the plaintiff’s case on grounds that, although the latter part of article 10/4 clearly prevents Mr. Smith from contesting, a cumulative reading of the entire article 10 will permit him to contest.
He also cited some precedents including election petition 2013, where the court declared that although the law says a pink sheet is invalid without the signature of the presiding officer, the absence of the signature should not nullify the pink sheet thereby nullifying the decison of the people.
And since the people want Mr. Smith Dumenyo and accordingly presented him to run for the office, he should be allowed to run, notwithstanding article 10/4 of the constitution.
Expectedly, Counsels for defendants sang praises to the panel and Counsel Afriye-Appiah(for plaintiff) quoted Nana Addo-Danquah Akuffo Addo, flag bearer of the New Patrotic Party that, although they disagree with the judgement, they accept it but they will appeal.
Counsel Bekoe, also for plaintiff threw jabs at the jury and said explicitly, “this is a bad law”.
Report by: Oswald K Azumah.