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The Supreme Court has thrown out an application filed by four Civil Society Organisations to be friends of the suit filed by the National Democratic Congress (NDC) against the Electoral Commission, Ghana (EC) and the Attorney General.

The CSOs; IMANI Africa, Alliance for Social Equity and Public Accountability (ASEPA), Institute for Liberty and Policy Innovation and Conservative Policy Research Center, had served notice to volunteer relevant information to the court in what is often referred to as amicus brief in law.

But the Electoral Commission on Tuesday, June 23 prayed the Supreme Court to dismiss the application by the CSOs, arguing the public utterances of the CSOs on the matter is a clear indication that “they are not disinterested in the outcome of the case”, and can thus not file an amicus brief.

On Wednesday, June 24, the Supreme Court unanimously threw out the application, saying it has no place in law.

“The need for an amicus brief is not supported by law,” President of the panel and Chief Justice, Justice Kwasi Anin Yeboah said.

“We have therefore dismissed the application for the CSOs on the amicus brief,” he concluded.

The amicus brief, according to the EC, was sought by the CSOs “to seek leave of the court to point to the court some decision, whether reported or unreported or some point of law which appeared not to have been canvassed by the litigating parties or to bring for the benefit of the court some special expertise relating to the matter before it”.

By this decision, the Court can decide on the date on which to give judgement on the substantive case.

Background

Policy Think Tank, IMANI Africa served notice of an intention to petition the Supreme Court in the ongoing case between the main opposition National Democratic Congress (NDC) and the Electoral Commission (EC).

IMANI, ASEPA and other CSOs say they will file amicus curiae in the landmark case challenging the Electoral Commission’s decision to limit eligibility criteria for the compilation of the proposed voters register to only National ID Card and the Ghanaian passport.

This according to Founder of IMANI, Franklyn Cudjoe has become necessary due to supplementary evidence and information they have uncovered which they believe could help the Judges avoid a travesty of Justice.

He noted in a statement that the 44-page amicus curiae captures in details form what their position is relative to the matter currently being heard in Court.

The development comes in the wake of growing public opinion including formal statements by Ghana’s former Presidents, National House of Chiefs, CSOs, election observer groups including CODEO, Center for Democratic Governance, CDD and the Institute for Democratic Development, IDEG, against EC’s entranced position to compile a new register and resort to the use of only Ghana card and passport as prove of citizenship.