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28.06.2020 Feature Article

NDC Wings, Legally Clipped By The Decision Of The Supreme Court

NDC Wings, Legally Clipped By The Decision Of The Supreme Court
LISTEN JUN 28, 2020

Denis Andaban writes...

I am not a lawyer but I always have an interest in reading rulings. Apart from my deep love for the legal language, the background, and citations, the chronology of the renditions, always interests me a lot.

I understand why many lawyers are always busy. You must read and read, you must also write and write. Lawyers are writers as well. You must be able to craft a persuasive address to give clarity to your case. Just in the famous NDC and others Vrs the Electoral Commission, when I read the supplementary argument against the ECs legal justification for the exclusion of the current voter identification card, I was amazed. The diction, the citation of authorities, the structure, and the linkages of the arguments, make me believe that the law profession is "many in one".

Having a background of student activism, it was through a constant reading of such cases that made us act and behave like professional lawyers. I guess my friends like Eric Dawda, Adams Rufai, David Adingo, Akwasi Boakye, and others would still be waiting to read the full version of the ruling of the supreme court with alacrity.

For me, I am more eager to read the entire ruling and I believe that the lawyers involved in that case would extremely eager to get the full version. It is the full version that gives a holistic appreciation of the decision of the court.

Many lawyers, especially those who may be aggrieved or not satisfied, make their final decision after reading and analysing a written ruling.

The issue is that once your issues are not addressed to your expectations in court, your lines of actions, depending on your plaintiff are not immediately exhausted. In the case of the supreme court, you may go for a review. All these constitute the justice delivery system.

In the case of the NDC, the court is not fair at all because they have technically truncated the system, making it practically impossible to explore other legitimate options in our jurisprudence. Why do I say so?

The court has made it clear that the ruling will be made available by 15th July 2020. When the party study the ruling and see the need for review, the essence of that move would have been defeated because the electoral commission would have gone far in the disputed voter compilation process. Meaning, the NDC legal wings are, technically legally, clipped, and cannot explore other legitimate options if it wishes. This limitation indirectly imposed by the highest court of the land is a miscarriage of justice.

What is even more interesting is the fact that the supreme court has in essence immuned the Electoral Commission from any other legal actions against it. So any other party who is in court or want to be in court with issues relative to the voter's register is not allowed! The overall effect is that the court can no longer be an option when it comes to any dispute with the current electoral process. For lack of a better expression, the pursuance for justice on this matter is peaked in these situations!

In the current circumstances, it is time for the NDC to swallow the pain and go back to the drawing board, take part in the registration and the elections and leave the rest to posterity. The precedence is there for the future and it may not only affect the NDC but others, in the foreseeable future. The call by the standard-bearer, John Dramani Mahama for all Ghanaians to go out in their numbers to register, is a call in the interest of Ghana. While one may disagree with such a controversial ruling, you must accept it!

I will register soon to book my passport for the rescue mission.

I still can't wait to read the ruling and appreciate the same from my ordinary perspective

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