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Rockson-Nelson Dafeamekpor, the Member of Parliament (MP) for South Dayi, has filed an appeal to overturn the High Court’s ruling to reject his request to force Speaker of the Parliament Alban Bagbin and President Akufo-Addo to act on the bill within seven days.
“The High Court failed to exercise its discretion reasonably and fairly when it refused to grant the Applicant’s Application for Judicial Review in the Nature of Mandamus,” according to the appeal procedures filed on Tuesday, April 30, 2024, among other things.
The High Court in Accra, presided over by Justice Ellen Lordina Serwah Mireku, declared on Monday, April 29, that although the court has the authority to hear the mandamus, the Supreme Court should handle two ongoing cases that contest the legislative process because they involve constitutional issues.
The Court stated that it is of the considered opinion that, while the case is pending before the highest court, it will not be appropriate for the High Court to order the Respondents (Alban Bagbin and Akufo-Addo) to take action on the bill.
Nonetheless, the court exercised its discretion and denied the request, which asked that the President be forced to accept the bill and that the Speaker be forced to forward it to the President.
A day following the ruling, Rockson-Nelson Dafeamekpor, the applicant, filed a notice of appeal with his attorneys, who were led by Nii Kpakpo Samoa, in an attempt to overturn the High Court’s verdict.
“Please take notice that the Applicant/Appellant herein who is dissatisfied with the decision of the High Court, (General Jurisdiction) Accra contained in the ruling of Her Ladyship Ellen Serwaa L. Mireku, J., dated 29th April 2024 hereby appeals to the Court of Appeal on the grounds set out in paragraph 3 of this Notice of Appeal and will at the hearing of this Appeal seek the reliefs set out in paragraph 4,” the Notice of Appeal stated.
In the document that was submitted on Tuesday, the appellant expressed his reservations with “the whole ruling.”
He stated that “the ruling is against the weight of evidence” is another reason for his appeal.
He said that after receiving the Record of Appeal, more grounds would be filed. The appellant and his attorneys are requesting that the High Court’s decision be overturned and annulled.
Source: Ghanatodayonline.com
