Judicial Board of the University of Ghana Student Representative Council has by a unanimous decision lifted an injunction suit which halted the 2019 UGSRC elections.
Earlier, the Judicial board granted an injunction on the Electoral process following a petition filed by Mr. Joseph Michael and Mr. Haruna Lancer Lawrence for reliefs inter alia “a grant of a limited time or period for the above named petitioners to file their nominations to contest for the position of SRC president and Vice President respectively”.
In a court hearing presided over by Emmanuel Ocansey JSC on 31st January 2019, the justices agreed unanimously to allow the Electoral process continue without extending the period for the filing of nominations as sort by the petitioners.
‘After careful deliberations, the court has refused the reliefs sort by the petitioners and therefore the injunction has been lifted and the Electoral process should continue” justice Ocansey declared.
The court was however plunged into drama when council for the EC as well as counsel for the petitioners debated over the meaning of the word “shall”.
According to counsel of the EC, Mr. Samuel Kwashigah, the use of the word “ shall” as captured in the 2019 SRC constitutional instrument chapter 2(1j), the EC has no prerogative to accept a nomination form after the stipulated period for the filing of nominations by an aspirant and as such the case is beyond the court to rule in the favor of the petitioners.
“Nomination forms shall be valid for acceptance only when such nominations are dully filled and submitted within the period and duration outlined by the Electoral Commission.
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Upon the end of such timelines, nominations shall be dully regarded as finally closed ; except in situation otherwise stated in the SRC constitution” it read.
Lawyers for the petitioners however argued that in any case where the word shall will lead to injustice, there are exceptions.
The petitioners were represented by 3 lawyers, lead by Mr. Samuel Kafui Avowulanu, while the EC was represented by student lawyer, John Kwashigah Nenyo.
Story by: David Quaye|universnewsroom