Decide on memorandum of issues-Supreme Court tells parties

The Supreme Court has adjourned ‘sine die’, the election petition case pending before it, and further instructed the parties to the case to decide on the memorandum of issues it wants the court to determine.

Consequently, the Judges have ordered the parties involved to within 7 days ensure they agree on the issues to be determined by the court or inform the registry of the court if it fails to reach an agreement for the court itself to determine the memorandum of issues.

The Justices of the Supreme Court with Justice William Atuguba presiding came to the conclusion after lawyer Philip Addison lead counsel, for Nana Addo and two others moved an application for directions in court, as it relates the matters to be determined when the substantive case finally starts.

However, counsel representing the National Democratic Congress (NDC), Samuel Kojo raised preliminary objection indicating that the application is alien to the rules of court.

Philip Addison then strongly argued that what matters is the substance and not the form, hence prayed the court that the application should be granted and the objection dismissed.

In a unanimous decision, the Justices dismissed the objection and rather treated the application as memorandum of issues and hence granted it.

Upon that, Justice Atugubah in consultation with the bench advised the parties to meet and agree on the issues collectively so the case could start.

Consequently, the Supreme Court ordered the parties involved to meet after 3rd respondent in the name of the NDC had filed its application so they agree on the memorandum of issues.

The court however warned that if after 7 days they are unable to reach a comprise and having subsequently informed the registry of same, the court will determine for the parties the issues and thus start hearing the case.

 

Source: Citifmonline