Supreme court dismisses motion of amicus curiae

Ghana Supreme CourtThe Supreme Court on Tuesday unanimously dismissed an application for amicus curiae, filed by Lawyer Benoni Tony Amekudzi, challenging the suit against the President in the on-going election petition.

Before the ruling, Lawyer Amekudzi told the court that per the 1992 Constitution, the President could not be sued or be joined to a law suit as a defence.

He, therefore, described the petition against the President as frivolous, gross error and dangerous precedent, citing article 57, section 4, 5, 6, of the constitution as basis for his argument.

Lawyer Amekudzi cited a Supreme Court case involving the NPP and President Rawlings in the early 90s in which the NPP challenged President Rawlings over the appointment of District Chief Executives in court but by a 3-2 majority the court held that the President could not be sued.

He said the President is Head of State, father of the nation and the Commander in Chief of the Ghana Armed Forces and that the aura and respectability of his office must be protected.

In its ruling, Justice William Atuguba, President of the Supreme Court, said though the applicant did not follow the procedures in moving his application, the court has had to look at the substance of his case.

He said the applicant needed a proper locus which he lacked.

Justice Atuguba said the court had given thought to the concerns of Amekudzi but Article 64 of the constitution, on which basis the petitioners are in court is a unique article on its own, and could not change its earlier position, and therefore, dismissed the application.

On 3rd May, 2013, the Supreme Court dismissed an application for an amicus curiae brief, filed by Lawyer Amekudzi, which sought to draw the attention of the court to a violation of the law in the hearing of the presidential election petition involving the President. GNA

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