The High Court in Accra has dismissed the case challenging the compilation of a new voters’ register for the 2020 polls, brought before it by the Member of Parliament for Ashaiman, Ernest Norgbey.
The dismissal is based on the landmark decision of the Supreme Court last Thursday.
Lawyer for Mr. Norgbey, Dr. Abdul Aziz Bamba, with much difficulty got audience from a hesitant judge who was of the opinion that the Supreme Court’s decision was clear and binding on all the Courts below and she had a duty to abide by it.
But Dr. Aziz Bamba prevailed upon Her Ladyship, Enyonam Adenyira saying it would be procedurally unfair and an aberration of his right to audience if she dismissed him and his client without an audience.
When the judge eventually granted audience, the Ashaiman lawmaker through his lawyer, argued that the Supreme Court’s decision last Thursday did not affect his case since the case that went before the Supreme Court sought an interpretation of the Constitution while Ernest Norgbey’s case was seeking an interpretation of statutory law.
He also argued that the High Court could not apply the Supreme Court decision since the High Court still does not know the reasoning behind the Supreme Court’s Judgement and what legal principles were applied.
But the Court insisted that the case was moot and subsequently dismissed it.
The lawyer for Ernest Norgbey, Dr. Abdul-Aziz Bamba told Citi News they are disappointed in the judgement.
“It is the decision of the court and all of us have an obligation to respect it. We are disappointed that the decision went the way it did. We had submitted before the court that the issue in our case wasn’t the same or similar to the issue decided on by the Supreme Court…. Can the commission tell us which of the provision of CI 91 as amended by CI 126 gives you the legal mandate to compile a new voters register? There is no such provision,”