The South Dayi MP, Rockson-Nelson Dafeamekpor, has filed an appeal against the High Court's decision to dismiss his request to compel President Akufo-Addo to accept the anti-LGBTQ bill.
In his suit filed in March this year, the MP was seeking several declarations and orders regarding the powers of the President under the 1992 Constitution of Ghana.
Mr. Dafeamekpor, among other things, asked for a declaration that, according to Article 106(1) and (7) of the Constitution, a President can only assent to or refuse to assent to a bill within seven days, unless the bill has been referred to the Council of State.
He was also seeking a declaration that the President cannot prevent Parliament from transmitting a bill that has been passed to him.
Again, the MP wanted a declaration that a letter dated March 18, 2024, addressed to the Clerk of Parliament and signed by the Secretary to the President, Nana Bediatuo Asante, is in contravention of the Constitution, hence the President must withdraw the letter.
But dismissing the application, Justice Ellen Mireku indicated that there are two suits filed by private citizens, Prof Amanda Odoi and Richard Dela Sky which have direct implications on the mandamus application.
Subsequently, Mr. Dafeamekpor, through his lawyers led by Nii Kpakpo Samoa, filed a notice of appeal to challenge the decision of the High Court.
“Please take notice that the Applicant/Appellant herein who is dissatisfied with the decision of the High Court, (General Jurisdiction) Accra contained in the ruling of Her Ladyship Ellen Serwaa L. Mireku, J., dated 29th April 2024 hereby appeals to the Court of Appeal on the grounds set out in paragraph 3 of this Notice of Appeal and will at the hearing of this Appeal seek the reliefs set out in paragraph 4,” the Notice of Appeal dated April 30 stated.
The MP argued that his appeal is grounded on the fact that “the ruling is against the weight of evidence” presented by his lawyers.
He is, therefore, asking that the ruling of the High Court be reversed and the same be set aside.
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