Constitutional Cases: I’ll award cost against you if you don’t come to court – CJ to Ayariga

Tetteh Belinda
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In a recent development at the Supreme Court, Chief Justice Gertrude Sackey Torkornoo has issued a stern warning to Member of Parliament for Bawku Central, Mahama Ayariga, regarding his absence from court proceedings. The Chief Justice expressed concern over Ayariga's consistent absence from the Apex Court since filing his writ, emphasizing the importance of active participation in constitutional matters.



During the hearing of the case in which Mahama Ayariga sued the Attorney-General and Minister of Justice, as well as the Minister of Finance and others, the Chief Justice highlighted the significance of plaintiffs being present in court, particularly in constitutional cases. She emphasized that invoking the jurisdiction of the Apex Court demands a high level of commitment and presence from the involved parties.


The Chief Justice's remarks were directed at Thaddeus Sory, Counsel for Mahama Ayariga, who was notably absent during the proceedings. She warned that if Ayariga continues to be absent and subsequently loses the case, he would be liable to pay a cost as a consequence of his non-attendance.


Furthermore, the Chief Justice underscored the need for commitment once a case has been initiated, urging plaintiffs to fulfill their responsibilities by actively participating in the legal process. This serves as a reminder of the gravity and importance of constitutional matters brought before the court.


In response to the Chief Justice's admonition, Thaddeus Sory assured that his client, Mahama Ayariga, would take appropriate action to address the issue.


It is worth noting that the Supreme Court, chaired by Justice Torkornoo, has scheduled May 8, 2024, as the date for delivering its judgment in the case. Mahama Ayariga's lawsuit challenges the establishment of the Ghana Financial Stability Fund (GFSF), alleging that it contravenes specific articles of the 1992 Constitution. The former Youth and Sports Minister contends that any support from international financial institutions such as the World Bank or the IMF would constitute a violation of Ghana's constitution.


In his writ, dated November 14, 2023, Ayariga sought an injunction against the Finance Minister from implementing the Operational Framework of the GFSF, citing its alleged illegality and unconstitutionality.


The developments at the Supreme Court underscore the gravity of constitutional matters and the expectations placed on plaintiffs to actively engage in the legal process. As the case progresses, it remains to be seen how Mahama Ayariga will address the Chief Justice's concerns and how the Supreme Court will adjudicate on this significant constitutional issue.



-source Starrfm | curated by Tetteh Belinda | Ghana Crimes

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