It was ‘a very tough decision’ – Justice Abdulai admits after filing review against SC ruling

Private legal practitioner and law lecturer Justice Abdulai has conceded that he found it a “tough” decision to come to in going back to the Supreme Court to seek a review on the March 9 judgement on Deputy Speakers’ rights to vote as members of Parliament (MPs) when they are chairing proceedings.

Mr Abdulai, who lectures at the University of Professional Studies, Accra (UPSA), on Friday, April 8, went back to the Court to seek to overturn the 7-0 unanimous decision by the Court last month.

It was in connection with an attempt by First Deputy Speaker of Parliament Joe Osei-Owusu to vote as Bekwai MP while he was chairing proceedings in what sparked a brawl between Majority and Minority MPs in the House.

Among other reasons, Mr Abdulai stated that the Court, in its judgement, failed to consider Article 298 of the 1992 Constitution, leading the JSCs to a “wrong assumption of jurisdiction in filling up a perceived gap in the Constitution by means of interpretation and striking down Order 109(3) of the Standing Orders of Parliament”.

But many have found the move an uphill task for the legal practitioner.

Speaking on TV3‘s Midday Live himself on Saturday, April 9, Mr Abdulai said the difficulty of his application made him narrow the reliefs he is seeking from the JSCs.

“I am of the strongest opinion that considering the judgement in its totality, there is an amount of miscarriage on some occasions and because filing a review application is a very tough one, if you do not narrow your reasoning and your guards very well, the Supreme Court will avoid and throw you out.

“So, this was a very tough decision and it was a very tough job that I have done.”

‘Not a mathematical job’

Two more judges will be added to the panel to sit on the case on Tuesday, April 26.

He said with the historical antecedent he has outlined in his application for review, the judges will appreciate his argument and review their positions.

“As I have expressed, it is not an easy task. It is a very difficult position that I find myself in considering to convince the majority of these persons – in fact, now they are going to be nine – to change their minds, it is not going to be easy but I also know that it is not a mathematical job.

“This is law with reasoning and logic behind it.”