UG SRC Judicial Board quashes Sey’s JB ruling against Wisdom Ndukwe

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The Judicial Board of the Students Representative Council of the University of Ghana has in a unanimous decision, quashed the decision made by the Judicial Board of the Elizabeth Frances Sey Hall JCR on the case filed by Wisdom Ndukwe against the Electoral Commission of the JCR.

In the judgment signed by the Chief Justice of the Students Representative Council Judicial Board, Her Ladyship Blessing Otchere Darko Adutwumwaa, the board, on hearing preliminary arguments advanced by all the parties on the legal propriety of the UGSRC Judicial Board in hearing the appeal, the board ruled that there existed enough grounds to quash the initial decision of the Sey Judicial Board and rehear the substantive matter.

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Excepts of the Tuesday, March 11 ruling of the board reads;

“(a) On the ground of quashing the decision of the Elizabeth Sey Hall on the grounds of it being wrong in law, this Judicial Board unanimously finds that, as much as it cannot ultimately say that the Court of 1st instance was so wrong in law, it cannot also agree with their decision to dismiss the action of the applicant herein on the grounds that there was no case on the face of the process before the Board, this board accordingly orders that the decision to strike out the matter be quashed.

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(b) The board was divided on the grounds of the Elizabeth Sey Judicial Board having a pre-conceived notion of the case as such if the applicants reliefs are granted, that the case be referred to the SRC Judicial Board to rule on the matter, the board by a majority decision of a 3 against 2 finds that on the facts before it, both parties agree
that, although the substantive matter was not heard, the Judicial Board of the Elizabeth Sey Hall in their judgement before us touched greatly on the substantive matter, the board finds accordingly that indeed the Elizabeth Sey Hall Judicial Board has/had knowledge of the case and as such cannot be referred back to the same board since
a determination has already been made with regards to the substantive matter.

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(c) The board so orders that proceedings be transmitted from the Elizabeth Sey Hall Judicial Board to the SRC Judicial Board for a final determination of the substantive matter in line with Article 44(2) of the SRC Constitution, the Injunction on the matter granted earlier still holds until the substantive matter is heard.”

The date for the final hearing of the case by the SRC Judicial Board is yet to be communicated by the registrar of the court