The Akuafo Hall Judicial Board has unanimously dismissed the case brought before it by Gilbert Ayebeng Asamoah, a resident of the hall, challenging the eligibility of a JCR Vice Presidential aspirant in this year’s elections.
According to the Plantiff’s Counsel, Mr. Daniel Ohene Bekoe, the Vice Presidential aspirant, Smith Dumenyo who is a level 200 student lacks the capacity to contest for any JCR position per Article 10(4) of the hall’s constitution.
Article 10(4) of the Akuafo Hall constitution states that “A person shall be qualified for elections to any of the offices of the executive council if he has been a member of the JCR for at least a year and has one more year to complete.”
But in a three panel court presided over by the Chief Justice of the hall, Gregory Asiedu, threw the matter out of court stating that; it will be absurd to disallow a student who has all the qualities of representing the best interest of the hall on the grounds of being in level 200.
In his judgement Justice Asiedu indicated that the various halls of the University derive their validity from the SRC constitution and in an event of inconsistency between a hall’s constitution and the SRC’s, the latter will be deem superior in any court of competent jurisdiction.
According to the CJ, Article 30(2) of the SRC constitution expressly allows students in level 200 to vie for any executive office provided the student is of good standing and has cumulative grade point of 3.0.
This he believes make the provisions in the SRC constitution override that of Akuafo Hall.
The overall effect from the above Justice Asiedu thinks will not bar a second year student from contesting any executive position in the hall.
He however ended his verdict by quoting Lord Denning MR, in a case of CANDLER VS CRANE and CHRISTMAS which says:
“If you read great cases, you will find that in each of them the judges were divided in opinion. On the one side, there were the timorous souls who were fearful of allowing a change in the law. On the other side, there were the bold spirits who were ready to allow justice if so required.”
Upon the delivery of the judgement, Mr. Bekoe stormed out of the court saying “it is a bad law.”
He has however told Univers news he is prepared to evoke the supervisory jurisdiction of the SRC Judicial Board.
Meanwhile Lawyer for the First Defendant, Mr. Alfred Nenneh Addy Badu said he is happy with the ruling and has deify his client; Mr. Smith Dumenyo.
The Electoral Commissioner who also appeared in court told Univers news they can now conduct the elections for the qualified aspirants for smooth transfer of power from the Samuel Sarkodie-led administration.
By: Emmanuel Dzivenu/ Radio Univers 105.7FM
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