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BERNARD ANBATAAYELA MORNAH V. THE ATTORNEY-GENERAL

(2013) JELR 68631 (SC)

Supreme Court  •  WRIT No. J1/7/ 2013  •  30 Apr 2013  •  Ghana

Coram
ANSAH J.S.C. (PRESIDING), ADINYIRA (MRS) J.S.C., OWUSU (MS.) J.S.C., ANIN YEBOAH J.S.C., GBADEGBE J.S.C., AKOTO-BAMFO (MRS) J.S.C., BENIN J.S.C.

Judgement

BENIN, J.S.C.

The plaintiff brought this action invoking the original jurisdiction of this court. The reliefs sought are:

i. A declaration that on a true and proper interpretation of Articles 133, 157, 93(2) and 11 of the 1992 Constitution, Rule 71B and a part of Rule 69C(5) of the Supreme Court (Amendment) Rules, 2012 (C.I.74) are unconstitutional and must be declared null and void and of no effect.

ii. Any consequential orders the Supreme Court may deem meet.

There are two clear and distinct reliefs. The first is by virtue of Rule 71B of C.I. 74 which amends part of the Supreme Court Rules, 1996 (C. I. 16) pertaining to review. The second is by virtue of Rule 69C(5) which prescribes days of sitting in Presidential Election petition. Rule 71B provides:

No Review
Rule 55 does not apply to decision of the Court in respect of a petition presented to challenge the election of a President.

The said Rule 55 provides that

‘An application for review shall be filed at the Registry of the Court not l…

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