SC Justice quizzes lawyers for Oliver Barker: “Is this time for this intellectual exercise?”
A member of the SC constituted panel that sat on the case on Monday, March 2, 2022, Justice Yoni Kulendi indicated to the lawyers for the accused that their priorities are mixed because even though they have the liberty of their client at stake, they appear at the apex court to interpret the constitution per their mixed application.
The Supreme Court, presided over by Justice Jones Dotse has wondered why lawyers for #Fix The Country Convener, Oliver Barker-Vormawor failed to rather make an application at the High Court for their client’s bail instead of coming to the apex court.
A member of the SC constituted panel that sat on the case on Monday, March 2, 2022, Justice Yoni Kulendi indicated to the lawyers for the accused that their priorities are mixed because even though they have the liberty of their client at stake, they appear at the apex court to interpret the constitution per their mixed application.
It was after the above that another member of the panel, Justice Gertrude Torkonoo questioned the Lawyers whether the time was ripe for the intellectual exercise they were embarking on and added if they should rather not be taking a pragmatic approach to get their client released?
On Tuesday, March 1, 2022, lawyers for the convener of #FixThe Country Movement, Oliver Barker Vormawor filed a writ against the Inspector General of Police and the Attorney General at the Supreme Court.
They were are praying the apex court to rule on the decision of the prosecution to put their client before a court with no jurisdiction to grant bail.
Additionally, they argued that the February 17, 2022 ruling of the High Court in Tema entails a grave error of law.
They were therefore seeking inter alia an order of certiorari directed to the Tema High Court ‘B” relative to its February 17, 2022 ruling issued under the hand of His Lordship Justice Daniel Mensah, which refused to issue a writ of Habeas in respect of the detained.
Additionally, they wanted the Supreme Court to give an interpretation of Article 14(3) of the 1992 Constitution, 1992 on whether the police have discharged their duty by sending a person they have restricted, arrested, or detained to a court that has no jurisdiction to consider an application for bail in respect of the same.
Moreover, they were praying for the court to set their client free by issuing a writ of habeas corpus subjiciendum.
In Court on Wednesday, March 2, 2022, the Supreme Court panel however described the application by Vormawor’s lawyers as problematic in that they are seeking to invoke the Court’s Supervisory and interpretative jurisdictions at the same time.
On her part, Deputy Attorney General, Diana Asonaba Dapaah also corroborated the observation by the Justices describing the application by Oliver’s lawyers as “ procedurally improper”.
At this stage, lawyers for the applicant, Oliver Vormawor communicated to the court, their decision to withdraw their application.
The Court thus heeded and struck out the application as withdrawn.
