REPUBLIC V. HIGH COUR T(FAST TRACK DIVISION) EX-PARTE THE ELECTORAL COMMISSION

JUDGEMENT

ATUGUBA, J.S.C:

This is an application to this court by the Electoral Commission praying for orders directed to the High Court (Fast Track Division) Accra, presided over by Mr. Justice Victor Ofoe:-

1. “that any further proceedings in the suit entitled Rojo Mettle-Nunoo and 2 others versus The Electoral Commission (Suit No. AP.4/2006) be stayed, and,
2. that the issues set down in the said suit for determination by the Supreme Court be referred to the Supreme Court in pursuance of Article 130 of the Constitution before there is any further proceedings in the High Court.”

The grounds for this application as set out in the applicant’s motion paper are as follows:

“(i) That the refusal of the High Court (Fast Track Division) to stay further proceedings in the Suit despite the issues requiring constitutional interpretation raised by the parties in their pleadings is in breach of Article 130 of the Constitution.

(ii) That having itself recognised the said constitutional issues and set the sam…