General News Thu, 31 Jan 2013

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Bernard Mornah's case on C.I. 74 adjourned indefinitely

The Supreme Court has adjourned indefinitely the case in which the General Secretary of the PNC is seeking to nullify portions C.I. 74.

The Court has asked the parties to file memoranda of their issues or agree on the subject of litigation and come back to the court.

The People's National Convention General Secretary went to the Supreme Court early this month with a writ seeking to annul portions of Constitutional Instrument (C.I.74), which he argued were inconsistent with the 1992 Constitution.

Mr Mornah argued that “Rule 71B, a portion of Rule 69C(5) and a portion of form 30 of the Supreme Court (Amendment) Rules, 2012 (C.I. 74) do not appear to be consistent with some provisions of the 1992 Constitution.”

He insisted the provisions contravened Articles 133, 157, 93(2) and 11 of the 1992 Constitution and that the CI must, on the basis of that contravention, be declared null and void.

Rule 71B of C.I. 74 provides that the decision of the Supreme Court in respect of a petition challenging the election of a President cannot be reviewed.

Mr. Mornah is arguing that "To the extent that Rule 71B of C.I. 74 seeks to extinguish the constitutional right in article 133 of the Constitution to seek a review of a decision of the Supreme Court in Presidential election petitions, same is unconstitutional, null and void, and of no effect and the plaintiff requests this Honourable court to so declare."

The court at its sitting Thursday adjourned hearing sine die.

Source: Joy Online

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