The Preliminary Objections

On the preliminary objections raised by Mrs Adotey's Counsel, the Judge ruled that the current application, albeit involving the same parties, "are in respect of two distinct legal issues". She said that Judge Gbadegbe's decision is not before her and she would "... not be seized with jurisdiction to hear and quash a ruling of another High Court". "That in my view," she surmised " is the sole prerogative of the Supreme Court". Judge Dordzie therefore ruled that the action could be entertained in her court. Several cases were cited to support the arguments with Counsel for the 2nd respondent citing British cases including The Queen vrs The Commissioner of Inland Revenue [1884] QBD 461, The Queen vrs Charity Commissioners [1879] IQB 407 and The King vrs The Council of the Metropolitan Borough of Poplar [1922] KB 72. On the other hand Judge Dordzie replied and cited several cases including Republic vrs District Magistrate, Keta Ex Parte Hedo (1971) GLR 459, Republic vrs Accra Circuit Court Ex Parte Appiah (1982-83) GLR 129, Republic vrs Court of Appeal Ex Parte Alhaji Khalid Salifu (unreported).

She added "there has been developments in the law that created exceptions to the rule" and made references to the judgements in the cases of Ex-Parte Waldron [1986] and Republic vrs the Inland Revenue Commissioners, ex-Parte Mead [1993] among others. She concluded on this part of the case at page 11 by saying "Society is dynamic and so is the law. Hence from the current English decisions and modern text writers ... it is obvious the authorities cited by learned counsel ... are of the past and no longer hold the current view... I will demonstrate that the current position of the law on alternative remedies has been embraced by our new constitutional order to wit the 1992 constitution".

She further added "The sum total of the applicant's case ... is that as a citizen of Ghana he was entitled to stand for elections and be elected to Parliament but has been denied that right by the act of the 1st respondent who did not act fairly and reasonably and also did not comply with the law".