Lecturer at the University of Professional Studies, Accra (UPSA) Law School, Justice Abdulai, has described the Supreme Court’s decision to suspend the parliamentary rerun in the Kpandai constituency as a prudent and fair move, despite its surprising timing.
He said the apex court’s injunction was justified and prevents a potential waste of state resources.
The lecturer said this on JoyNews on Tuesday, December 16.
“It’s surprising, but it is a very fair decision of the Supreme Court. I think it is just right that they took this particular decision, and I say this on the basis that a certiorari application, if granted, would literally wipe out the entire judgment of the High Court.”
The rerun was suspended pending the determination of a certiorari application seeking to quash the initial court order that mandated the fresh election.
The lecturer affirmed that the court’s intervention, while unexpected given the advanced preparations for the rerun, was ultimately the correct course of action.
“Spending money, time in rerunning an election which could potentially be wiped out by a grant of a social application would not serve any use for the persons, for anyone.”
The lecturer was also particular about the protocol drama over inadequate preparation, which would have been caused in Parliament, provided the suspension was not granted.
“Indeed, it would also mean that whoever even emerges the winner of the election to be run on the 30th, assuming everything was to go on, would also have to leave parliament in a day or two right after he became a member of parliament. And then the old or former member of parliament returned to Parliament. That whole drama would not serve anyone’s interest. In fact, it becomes a useless exercise of judicial resources, and if you like public resources,” he explained.
Justice Abdullai believes the pause creates an opportunity for a more robust process.
“I think the Supreme Court, on this particular occasion, got it absolutely right, thought through all the options, and came out with arguably one of the best decisions that favors both parties. It’s a balancing decision that each party never goes home dry.”
The Supreme Court’s injunction has put the Kpandai rerun on hold with political parties and the Electoral Commission awaiting the court’s final ruling on the pending application.
Petition for removal of Justice Yoni Kulendi dismissed
Kpandai re-run suspension in the interest of justice – Fati Abubakar
