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General News of Thursday, 12 July 2001

Source: GNA

Court over-rules Amidu's application

The Fast Track Court (FTC) sitting in Accra has dismissed an application filed by Mr Martin Amidu, former Deputy Attorney General challenging the infringement on his fundamental human rights by the Chief Justice.

Dismissing the application, Mr Justice Julius Ansah, presiding, said it was "devoid of merit, vexatious, malicious and frivolous" and constituted an abuse of the court process.

Mr Amidu, also NDC presidential running mate in the 2000 elections instituted the action against the Chief Justice, Mr Justice Edward Kwame Wiredu who, he said, instructed him to bring on notice an application he filed against President Kufuor at the Supreme Court in January this year.

The former deputy AG contended that by refusing to list his urgent ex-parte motion for hearing, the Chief Justice was trampling on his human rights.

Justice Ansah said in asking Mr Amidu to bring his application on notice, the Chief Justice was being fair and candid to him and there was no way Mr Amidu suffered any injury in the enjoyment of his rights.

Justice Ansah said the Supreme Court on its merit had already determined Amidu's complaint against President Kufuor and his action "is a clear abuse of the court process." "I see no merit whatsoever in the application. It is frivolous and an abuse of the court process and I, accordingly, dismiss it."

Justice Ansah noted that since fundamental human rights are not a one-way affair, Mr Amidu had rights of access to the courts, and could, therefore, have sought other remedies.

He warned that fundamental human rights, necessary as they are for the enjoyment of the citizenry, ought to be protected at all costs.

While enjoying these freedoms and rights, the citizenry must ensure they do not go beyond bounds, Justice Ansah said, "When these rights are abused, the entire government machinery is brought to a halt, thus creating anarchy, disharmony and chaos in the society, a dish nobody would want to be served with."