A request from Oliver Barker-Vormawor to the Supreme Court to order the High Court in Accra to refer some questions for constitutional interpretation has been dismissed.
The apex Court panel of five in a 4-1 majority decision on Wednesday, December 11, 2024, said Justice Mary Maame Ekue Yanzuh was right not to refer the matter to the Supreme Court.
Lawyers of Barker-Vormawor, who had been charged with two counts of treason felony, argued that both the Prosecution and the defense had placed rivals meanings on Article 3(3) of the 1992 Constitution and Section 18(3) of Act 29.
In their view, once the two parties are not on the same page on the meaning of the two provisions, the proper forum is for a referral to the Supreme Court for interpretation.
While moving the application for Certiorari, Counsel for Barker-Vormawor, Dr. Justice Srem Sai said, as it is with those provisions, two people engaging in the same behaviour will be punished under two different laws, hence the need for the Supreme Court to clarify matters.
State Prosecutors though served with hearing notice of Supreme Court’s sitting, were absent.
The Court also notes that they did not file any affidavit in opposition.
However, the panel of five presided over by Justice Prof. Henrietta Mensa-Bonsu, in a 4-1 majority ruling said “the High Court was right to refuse the referral.”
Justice Prof. Mensa-Bonsu, Justice Samuel Asiedu, Justice Henry Anthony Kwofie ands Justice Yaw Darko Asare formed the majority side.
While, Justice Emmanuel Yonni Kulendi, dissented with his reasons set to be made available on Monday, December 16, 2024.
On May 27, the High Court in Accra dismissed an application by the defence team of #FixTheCountry Convener, Oliver Barker-Vormawor that sought to challenge the jurisdiction of the High Court and the constitutionality of the offence.
Justice Srem Sai also referenced Act 130 which essentially states that “Where an issue that relates to a matter or question arises in any proceedings in a court other than the Supreme Court, that court shall stay the proceedings and refer the question of law involved to the Supreme Court for determination”.
Senior State Attorney, Dentaa Yankah who represented argued that the state’s position has not been that the accused was going to subvert the executive powers of the country because in her argument, Mr Barker-Vormawor is not a violent person.
The Court after listening to both arguments,refused the request.
Dissatisfied with the ruling, they preceded to the Supreme Court with an application for Certiorari to quash the High Court’s ruling on May 27, 2024, but same was refused.
