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Supreme Court decision in the case of NDC, Mark Takyi-Banson vrs Attorney-General, Electoral Commission

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Comment: NDC Petition Had No Merit

Author:
Dr. SAS, Attorney at Law
Date:
2020-08-01 07:40:43
Comment to:
Supreme Court decision in the case of NDC, Mark Ta

You make no legal arguments here, except to provide an abbreviated precis of proceedings, and to imagine that the Court did not read Applicant's submission.

The Court did not have to meet your standard as to how to proceed in the instant matter.

I read all the NDC applications and submissions, and there was no way the Court was going to change its prior decision based on such hollow arguments.

The Supreme Court went beyond Mr. Tsikata's request for a prorogue to determine that the NDC's application was without merit. To win on appeal, a petitioner must allege fresh facts and laws previously unbeknownst to the court, and assert new and material damages flowing from the Court's prior decision. Mere repetition and regurgitation, pregnant with old arguments, legal technicalities and puerile speculations will not suffice.

The voter registration exercise is proceeding smoothly and successfully without the use of the birth certificate or the voter registration card. There is no tangible evidence that anybody has been disenfranchised because s/he cannot register in lieu of the birth certificate. All issues raised by the NDC are therefore moot as a matter of law. Petitioners/Appellants/Applicants did not allege any new material facts or law to support their petition.

An abstract peroration based on old argumentations, legal theories, conjectures and speculations will not support a judicial review.

The Court was therefore RIGHT in dismissing an unmeritorious and vexatious action.

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