Supreme Court throws out PPP
By Ivy Benson
The Supreme Court (SC) yesterday struck out for lack of prosecution, a suit filed by the Progressive People’s Party (PPP) pointing to gaps existing in the promulgation of C.I. 72, which introduced the biometric voters’ registration to replace the old voters’ register, C.I. 12.
The court, presided over by Justice (Dr.) Date-Baah, came to this decision following the failure of the PPP to appear before the court to prosecute their case, despite a hearing notice served on them by the registrar of the court.
The rest of the panel members are Justices Julius Ansah, Sophia Adinyira (Mrs.), Annin-Yeboah, Paul Baffoe-Bonnie, Sule Gbadegbe and Vida Akoto-Bamfo (Mrs.)
The PPP had sued the Electoral Commission (EC), the three major political parties, the New Patriotic Party (NPP), National Democratic Congress (NDC) and the Convention People’s Party (CPP), claiming that their actions are unconstitutional and alien to the 1992 Constitution.
The party has, therefore, invoked the original jurisdiction of the Supreme Court (SC) seeking an interpretation of Article 2, 130 (1) (a-b), 132 of the 1992 Constitution.
The PPP is seeking a declaration of the SC that the gap that existed in replacing the Old voters’ registration C.I. 12 with the biometric Voters’ registration, C.I 72 to enable constituents vote and elect Members of Parliament (MPs) by using the latter as required by Regulation 26 (5) of C.I. 72, is inconsistent with the Constitution and, therefore, null and void.
The party is further asking the SC to declare that the EC, Parliament, any authority or person has no power under the law to promulgate any law, such as C.I. 72 that has the effect of disenfranchising constituents from voting and electing their representatives for Parliament.
PPP is also asking the SC to declare the actions of the NPP, NDC and the CPP as not in the proper forum when they took legal action against the EC at the High court with the aim of preventing the EC from holding elections in Kwabre West and Wulensi Constituencies with the old voters’ registration.
According to the PPP, the gap created by C.I. 72 gives the SC the original jurisdiction over the issue and not the High court, that the three political parties have gone for redress, adding that the injunction granted by the High Court on July 27, this year, in respect of the case, should be set aside since it has been procured with out jurisdiction.
It is, therefore, requesting the SC to order the EC to immediately correct the omission the transitional provision under C.I 72 and also conduct elections in Wulensi and Kwabre West, in line with the dictates of Articles 42, 45, 47 and 51 of the Constitution.
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