The Supreme Court presided by Ms. Justice Sophia A.B. Akuffo, yesterday struck out the writ filed against the Member of Parliament (MP) of the Afram Plains North Constituency, in the Eastern Region, on her eligibility to contest the 2016 parliamentary election.
The plaintiff, Mr. Amos Monyue, of Dwarf Island, in the Kwahu North District, instituted the legal action against Ms. Betty Mensah (MP), challenging her qualification to contest the parliamentary election on the ticket of the National Democratic Congress (NDC), because a committee of inquiry, established that she had abused her office as a Module Co-ordinator at GYEEDA.
He wanted the court to “order the defendant from further holding herself out as the parliamentary candidate of the second defendant (NDC), for the 2016 parliamentary election and from contesting the 2016 parliamentary election as such”.
Mr. Muoye further sought for “a true and proper interpretation of Article 94 (2) (d) of the 1992 Constitution of Ghana, in respect of Ms. Betty Mensah, who has been found by a committee of inquiry to have abused her office as a Module Co-ordinator of GYEEDA and that she is acting in contravention of the 1992 Constitution for as long as she continues to present and hold herself out as the parliamentary candidate of the NDC to contest the 2016 parliamentary election for the Afram Plains North Constituency”.
However the seven-member panel of judges presided by Ms Justice Sophia Akuffo, drew the attention of the counsel of the plaintiff, Mr. Afari Yeboah, to the fact that he had failed to file memorandum of issues and, moreso, the parliamentary election had already been held and the defendant had also been sworn in as the MP of the Afram Plains North Constituency.
The president was emphatic that the court could not make a new case for the plaintiff cognisant of the circumstances surrounding the writ, and described the action as “moot”.
Mr. Yeboah, however, admitted the discrepancy of the action and said that he would take steps to rectify it.
Ms. Justice Akuffo said the court noted that the reliefs sought rendered the matter moot (ie the point does not any longer affect the decision in the case before the court), and when the counsel’s attention was drawn to this, he replied that he would take appropriate steps to rectify the writ.
“By court, the matter being moot, the case is hereby struck out,” Ms. Justice Sophia Akuffo said.
The rest of the judges were, Justices Sophia Adinyira, Jones, Dotse, Anin Yeboah, Paul Baffoe-Bonnie, Sule Gbadegbe and Anthony A. Benin.
By Castro Zangina-Tong