2 years ago
4. The NDC wishes to blueprint and impart to the great individuals of Ghana a portion of the negative improvements inside our legal executive, especially, the Supreme Court with the view to looking for medicinal activity expeditiously and successfully.
B. No real Explanations ASSIGNED FOR JUDGMENTS AND RULINGS
5. One frustrating, on the off chance that not outrageous turn of events, that is probably going to make our equity framework the victim of jokes among different vote based systems in Africa and the world at large is the peculiarity of court decisions without reasons. As of late, our Supreme Court has given over certain decisions and decisions that have neither rhyme nor reason on the grounds that the court neglected to appoint any explanations behind these decisions.
Two models will get the job done. It is educational to take note of that in the new instance of Abdul Malik Kweku Baako vrs Attorney General, *(Suit No. J1/225/2018), which had brought up specific significant protected issues about the denunciation procedures of Mrs Charlotte Osei the then Chairperson of the Electoral Commission, the peak court just proclaimed that: "Subsequent to paying attention to guide with regards to this issue on the inquiry whether the moment activity is a legitimate summon of our unique locale and furthermore having respect to the cycles recorded in this, we are of the view that the activity raises no issue of translation or requirement. In like manner, we strike out the activity which in our view is unmeritorious".
6. This enigmatic judgment bombs in many regards to satisfy the fundamental guidelines of a contemplated judgment. It is absent any trace of an examination of current realities of the case, the case and contentions introduced by the gatherings, the lawful standards whereupon the judgment is based, and the way in which those legitimate standards apply or don't make a difference to current realities of the case.
As not out of the ordinary, this judgment can't shape the premise of any lawful point of reference, recommending that it was a judgment of comfort designed out exclusively to deny equity to Mrs Charlotte Osei, and when its prompt planned reason has been accomplished the judgment fails to have any legitimate pertinence in resulting cases.
7. Exactly as expected, the zenith court again applied this shameful method on account of the Republic versus High Court, (Criminal Division) Accra; Ex parte: Stephen Kwabena Opuni and Anor (Civil Motion J5/15/22). The equity hearing the crook case including Dr. Stephen Kwabena Opuni, Mr. Justice Clemence Jackson Honyenuga, had in a new decision on an application to recuse himself on ground of genuine probability of predisposition blamed Dr. Stephen Kwabena Opuni of "daydreaming", "vindictive falsehoods", "designed to court public help". In its decision on this, the zenith court expressed that: "It is our viewed as assessment that the record doesn't mirror an individual interest by the preliminary appointed authority in the issues in issue and the creation of oppressive orders to warrant the award of a request for certiorari to subdue the procedures and orders of the preliminary court dated sixteenth December 2021.
With respect to application for denial we have completely inspected the cycles recorded by the gatherings and don't find the presence of a genuine probability of inclination with respect to the preliminary adjudicator, for example, would forestall the lead of a fair preliminary by the adjudicator. Likewise, we excuse the application completely.
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