The Supreme Court Tuesday ruled that its decision in respect of petitions filed to challenge the election of a President can be reviewed if any of the parties is dissatisfied.
The court also ruled that the directive by Rule 69 C (5) of the Supreme Court (Amendment) Rules, 2012 (CI 74), which provides in part that "the court shall sit from day to day, including public holidays, when hearing a presidential election petition�, was unconstitutional and, therefore, null and void.
In effect, it is illegal for the court to sit on public holidays.
The court, presided over by Mr Justice Julius Ansah, by a unanimous decision held that a review of its decisions was a right created by Article 133 (1) of the 1992 Constitution.
Article 133 (1) of the Constitution states: �The Supreme Court may review any decision made or given by it on such grounds and subject to such conditions as may be prescribed by rules of court.�
The decision relates to a suit filed at the court by the General Secretary of the People�s National Convention (PNC), Mr Bernard Anbataayela Mornah, seeking �a declaration that on a true and proper interpretation of articles 133, 157, 93(2) and 11 of the 1992 Constitution, Rule 71B and a part of Rule 69C (5) of the Supreme Court (Amendment) Rules, 2012 (CI 74) are unconstitutional and must be declared null and void and of no effect�.
He also challenged Rule 69 C (5) of the Supreme Court (Amendment) Rules, 2012 (CI 74) that provides in part that "the court shall sit from day to day, including public holidays," when hearing a presidential election petition.
CI 74 is the law being used to regulate disputes arising out of the December 7 and 8, 2012 general election.
No costs were awarded against the Attorney-General, who was the defendant in the suit which was filed on December 30, 2012.
Reading out the decision of the court, Mr Justice A.A. Benin said the review provision in Article 133 (1) of the 1992 Constitution could only be removed by an Act of Parliament.
Any other means used to remove the provision, he said, was �ultra vires�.
With regard to the issue of the court sitting on public holidays, the court held that the power to permit any entity, such as the court, to work on a public holiday, was vested in the President and added that only the President could, through an Executive Instrument, permit the court to sit on a holiday.
Disagreement with that provision, he said, was no excuse not to respect it.
Other members of the seven-member panel of the court were Mrs Justice Sophia Adinyira, Mrs Justice Rose Owusu, Mr Justice Anin Yeboah, Mr Justice Sule Gbadegbe and Mrs Justice Vida Akoto-Bamfo.
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