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Wulensi Battle is Over

Tue, 18 Feb 2003 Source: Kwaku Azar

[Ghanaweb Legal Forum ]
The SC, by a 6-1 decision, has dismissed the review of Nyimakan in the Wulensi case. Nyimakan had specifically filed a writ asking for all 15 justices to be empanelled. However, this writ was ignored by Chief Justice Wiredu, who also appear to have ignored his own policy directive to empanel all justices for constitutional cases. Rather, Chief Justice Wiredu added Justice Baddoo and Justice Brobbey, who voted with the original four to affirm the earlier decision that the Supreme Court lacked jurisdiction to hear the appeal.

In a surprising and probably unconstitutional move, the court levied a fine of 13 million cedis against Nyimakan:

    8m cedis for filing for the review
    2.5m cedis for asking for the full bench to be empanelled.
    2.5m for suing the EC for contempt of court
Court observers are worried about developments in the Supreme Court. For instance, these observers believe that Cheif Justice Wiredu selected Judges in this case to reach his preferred decision. In the process, he froze out the voice of 10 of his other colleagues, who could have voted to change this outcome.

Observers also point to the Cheif Justice refusal to list for hearing writ 3/2002, which accuses the Chief Justice of illegally swearing in the Speaker as acting President. Finally, the observers believe that unless reforms are emplaced immediately, the SC will plunge the nation into chaos.

[Ghanaweb Legal Forum ]
The SC, by a 6-1 decision, has dismissed the review of Nyimakan in the Wulensi case. Nyimakan had specifically filed a writ asking for all 15 justices to be empanelled. However, this writ was ignored by Chief Justice Wiredu, who also appear to have ignored his own policy directive to empanel all justices for constitutional cases. Rather, Chief Justice Wiredu added Justice Baddoo and Justice Brobbey, who voted with the original four to affirm the earlier decision that the Supreme Court lacked jurisdiction to hear the appeal.

In a surprising and probably unconstitutional move, the court levied a fine of 13 million cedis against Nyimakan:

    8m cedis for filing for the review
    2.5m cedis for asking for the full bench to be empanelled.
    2.5m for suing the EC for contempt of court
Court observers are worried about developments in the Supreme Court. For instance, these observers believe that Cheif Justice Wiredu selected Judges in this case to reach his preferred decision. In the process, he froze out the voice of 10 of his other colleagues, who could have voted to change this outcome.

Observers also point to the Cheif Justice refusal to list for hearing writ 3/2002, which accuses the Chief Justice of illegally swearing in the Speaker as acting President. Finally, the observers believe that unless reforms are emplaced immediately, the SC will plunge the nation into chaos.

Source: Kwaku Azar