General News for Thursday, March 28, 2024
sauce: www.ghanaweb.com
Chief Justice Gertrude Turknoux
The Executive Director of the Ghana Center for Democratic Development (CDD-Ghana), Professor Henry Kwasi Prempeh, said during the public hearing that it was unconstitutional for the Secretary to insist on the presence of the plaintiff in the constitutional suit.
According to the CDD-Ghana representative, it is unconscionable under any procedural rules to require the presence of plaintiffs who raise issues of constitutional interpretation during public hearings.
“This is seriously incomprehensible. Plaintiff files a constitutional suit in the Supreme Court. Plaintiff is represented by an attorney. This case only raises questions of law/interpretation for the court to decide. There is no court that requires the plaintiff to testify or cross-examine in this case. Why should the plaintiff appear in court with an attorney?
“Thus, when a citizen residing in Bauk or Florida goes to the Supreme Court under Article II and exercises the court’s inherent jurisdiction to decide a constitutional question, that citizen is not represented by an attorney. But I have to appear in a court in Accra when or next time a case is called?” A trained student questioned in a Facebook post shared on March 27, 2024. Professor Prempeh, a lawyer.
His statement came in response to comments by Chief Justice Gertrude Turknou, who said it was disrespectful and a lack of interest in the pursuit of justice for plaintiffs to appear in constitutional cases without their lawyers. It is.
However, according to Professor Prempeh, requirements such as those held by the Chief Justice are highly unreasonable because they impose a burden on plaintiffs, and are unconstitutional to say the least.
“What happens if the Article 2 plaintiff is a corporation? Will the CEO even have to appear in court?
“What is the policy rationale for such grossly inefficient “rules” that impose an unreasonable burden on citizens in exercising their Article II rights, thereby discouraging the filing of constitutional lawsuits? “In my view, this rule, even if it is a rule at all, is clearly unconstitutional,” he added.
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