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Politics of Wednesday, 19 February 2003

Source: gna

Supreme Court dismisses Review Application

The Supreme Court (SC) by a majority decision on Tuesday dismissed an application for a review of its earlier ruling filed by Mr Samuel Nyimakan, former Member of Parliament (MP) for Wulensi.

The Court by a six-one-majority decision ruled, " it has decided not to review its earlier decision".

The six judges in the majority group were the Chief Justice (presiding), Mr Justice Edward Kwame Wiredu, Mr Justice George Kingsley Acquah, Mr Justice Kwame Afreh, Dr Justice Seth Twum, Mr Justice Steve Brobbey and Mr Justice Sam Baddoo.

Ms Justice Sophia Akuffo dissented.

The Court deferred its reasons for the ruling, saying that they would be given by the end of the month.

It awarded a cost of eight million cedis against the former MP, who based his application for review on the power conferred on the SC by Article 133 (1) of the Constitution, which states that "the SC may review any decision made or given by it on such grounds and subject to such conditions as may be prescribed by the rules of the Court."

On July 6, 2001, a Tamale High Court disqualified the former MP from taking his seat in Parliament as MP for the Wulensi Constituency, because he did not hail from the area.

The Court of Appeal dismissed his appeal against the High Court ruling on April 12 last year.

The former MP took the matter up at the SC. On January 15 this year, by a majority decision of four-to-one, the SC dismissed his appeal on the grounds that "it has no jurisdiction in appeals in matters relating to Article 99 of the Constitution."

Not satisfied with the SC's decision, the former MP, on January 20, applied to the same Court to re-consider its earlier decision by way of reviewing it.

It was this review application which the Court dismissed on Tuesday.