A case in which a legal practitioner is seeking the interpretation of the constitution as to whether a single judge of the Supreme Court could interpret constitutional matters has been adjourned to January 10, 2017.
Mr David K. Ametepe had gone to the court seeking the interpretation of the 1992 Constitution as to whether a single judge could interpret matters involving the constitution.
His action followed a Supreme Court judge’s decision granted former Attorney General, Martin Amidu the permission to cross-examine businessman Alfred Agbesi Woyome on the GH 51.2 million the judgement debt of paid to him.
The legal practitioner’s case is that upon a “a true interpretation of Article 2 (1), 128, 130 and 134 of the Constitution a single justice of the Supreme Court lacks the jurisdiction to determine matters involving the interpretation of the Constitution” hence asking the court to set aside a Justice Anin Yeboah decision.
According to the private legal practitioner under “Article 2 (1) and 88 of the constitution, a private person does not have the capacity to initiate, orally examine a judgement debtor and or levy any execution process in respect of a judgment in which the State is the judgement creditor.”
Following the filing of the writ, the three-member panel which was to hear the Review application, adjourned the application sine die (Indefinitely) on the basis that the outcome of the legal practitioners’ case would have a bearing on the review application.
On December 2, the Supreme Court presided over by Justice Anin Yeboah granted a stay of proceedings on Mr Woyome cross-examination by Mr Amidu over the GH? 51.2 million judgement debt.
The court upheld Woyome’s request to enable a three- member panel to be constituted to hear the review of his application compelling him to be cross-examined.
The Supreme Court in 2014 ordered Woyome to pay back the GH? 51.2million judgment debt which the state said he fraudulently obtained. Mr Amidu proceeded to court to grant him the opportunity to cross examine Woyome over the money he received and the Court obliged him on November 16, 2016.
Source: GhanaWeb
