The Appellant-Applicant had filed a motion for stay of proceedings pursuant to Article 99 of the Constitution,1992 and The Representation of the People Act (2006) as amended; pending appeal invoking the inherent jurisdiction of the court to appeal to grant his prayer pursuant to Section 27(a) of CI 19 (Court of Appeal Rules).
The panel of judges contended the propriety of the authority since there is an Express provision in CI 132 (Representation of the People instrument) which overrides the provision being relied on by counsel to ground an action in respect of the relief so sought.
Counsel for the applicant argued that, there is a latest judgement, Re Magma Industries contained in the November 2020 (revised) edition of the Law Report of Ghana gives enough strength in relation to the invocation of the inherent jurisdiction of the court in such matters.
The panel of judges after a heated argument with the counsel for the Appellant-Applicant concluded and read their ruling on the subject dismissing the application of the applicant after which an advice was offered to the counsel to seek redress at the SC to get a clearer appreciation of the provisions to be relied on relative to invocation of the inherent jurisdiction of the court of appeal in matters involving petitions on parliamentary elections.
In a related development, the motion for an application to stay execution in the Jomoro MP’s (Hon. Dorcas Toffey) dual citizenship case was also dismissed without the award of any cost to Appellant-Applicant but advised to do the needful by applying to Electoral Commission of Ghana for a copy of the statutory declaration she attached to her documents when she filed her nomination to contest for the seat, a claim which was contained in her affidavit in support filed at the court of appeal in reference to the judgement given by the trial court.
The panel of judges contended that, the renunciation of citizen to enable one to contest for elections goes beyond only statutory declaration which in their opinion was just a self-serving document but in all, the court is ready for a new application to be filed with the attachment of the statutory declaration which counsel claim he had only the original copy which was attached to the nomination forms of the applicant to the Electoral commission.
The case continues tomorrow at the Supreme Court and on Wednesday at the Cape Coast High Court.