The court after recess on Monday, May 04, 2015 ruled in favour of the second respondent, Davis Ohene Fobi, ordering that he be sworn in forthwith
The Judicial Board hearing the 2015 University Of Ghana Election petition has ruled that the president elect in the University of Ghana Students Representative Council (SRC) presidential elections, Davis Ohene Fobi, should be sworn-in as the president of the SRC for the 2015/2016 academic year while his validity is challenged.
The Counsel for the second respondent (Davis Ohene Fobi), Nana Benyin, had moved an application on the floor of the House on Sunday praying that the Judicial Board orders for his client to be in citing necessity and public policy as the basis of his motion. He drew reference from the 2012 election petition of Ghana, where John Dramani Mahama was sworn-in as president though the results of the election was still in contention.
Counsel for the petitioners, Derrick Ackah responded to the motion by stating that the application was not filed using the appropriate procedure. He reminded the court of its earlier action (that the counsel for the respondent notifies all parties in writing) when counsel for the second respondent applied orally for the petition to be dismissed.
The bench, however, disagreed on grounds that had the petitioners been in court on Saturday they would have gotten wind of the said application.
The court after recess on Monday, May 04, 2015 ruled in favour of the second respondent, Davis Ohene Fobi, ordering that he be sworn in forthwith.
Prior to the ruling, the bench had been served with a writ of summons from the High Court by the Court Baliff. Counsels for the petitioners reminded the court of that but the bench asked them to resume their seat. This infuriated lawyers for the petitioners, Counsels Barnabass and Ackah, who then stormed out of court.
The Bench punished both counsels for their actions directing that both counsels stand disbarred and can no longer hold themselves as counsels on University of Ghana Campus.
The court has been adjourned till further notice.