Supreme Court strikes out Oliver Barker-Vormawor’s application
The lawyer for the applicant, Dr Justice Srem Sai, withdrew his application after all five Justices of the Supreme Court indicated that his application and the reliefs he is seeking are not properly before the highest court of the land
Lawyers for detained #FixTheCountry convener, Oliver Mawuse Barker-Vormawor, have withdrawn an application they filed at the Supreme Court seeking to quash a decision of the Tema High Court refusing their application for Habeas corpus, paving way for the Supreme Court to struck the application out as withdrawn.
In court
Lawyer for the applicant, Dr Justice Srem Sai, withdrew his application after all five Justices of the Supreme Court indicated that his application and the reliefs he is seeking are not properly before the highest Court of the land.
In a back and forth argument and counter arguments between the five Justices of the Supreme Court and the applicant’s lawyer, Dr Justice Srem Sai, the Court indicated that the application before them was a mixture of issues which in one breadth invokes their original jurisdiction and in another, their supervisory jurisdiction.
“This application is struck out as withdrawn” Justice Jones Victor Mawulorm Dotse, the presiding judge ruled.
High Court decision
The High Court in Tema, in Suit No. E12/148/2022, presided over by his lordship, Justice Daniel Mensah, in a ruling on 17 February 2022, refused to grant an application for a writ of habeas corpus subjiciendum in respect of the detained convener of #FixTheCountry, Oliver Mawuse Barker-Vormawor.
Contention of applicants
It is the contention of Oliver Mawuse Barker-Vormawor’s lawyers that “the ruling of the Tema High Court dated 17 February 2022”, entailed “a grave error of law which error is patent on the face of the record”.
They further contend that the ruling of the High Court in “refusing the Applicant’s application for a writ of habeas corpus subjiciendum, assumed jurisdiction wrongly.
Reliefs sought
Lawyers of the applicant (Oliver Barker-Vormawor) according to their motion, are praying the court to exercise its discretion to grant four specific reliefs;
First, they want the Supreme Court to “make an order of certiorari to issue to the High Court ‘B, Tema, to
bring up to this honourable Court to have quashed its ruling dated February 17, 2022, which was given under the hand of HIS LORDSHIP, THE JUDGE, JUSTICE DANIEL MENSAH, J., refusing to issue a writ of habeas corpus subjiciendum in respect of the detained directed at the Respondents, their agents, assigns and workmen howsoever described or styled”.
Second, “give a true and proper interpretation of whether by sending a person they have restricted, arrested or detained to a court which has no jurisdiction to consider an application for bail in respect of the person who is restricted, arrested or detained, the police have discharged their duty under Article 14(3) of the 1992 Constitution”.
The third relief they are seeking is for the Court to “issue a writ of habeas corpus subjiciendum in respect of the detained, directed at the Respondents, their agents, assigns and workmen howsoever described or styled”; and lastly, “any other order(s) that the honourable Court may deem fit”.
Wilberforce Asare
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