COURT FAILS ANXIOUS PUBLIC, SET MAY23 AS NEW DATE TO GIVE RULING

By Felix Engsalige Nyaaba

Lawyers and Journalist who thronged the supreme Court yesterday to hear and cover the much awaited landmark judgment on the case involving Mr. Samuel Okudzeto Ablakwa and Dr. Edward Omane Boamah, as plaintiffs, and Jake Otanka Obesetsbi Lamptey, as defendant, over the purchase of bungalow No. 2 at Mungo Street, Ridge residential area, Accra were disappointed as the Supreme Court failed to deliver the judgment as scheduled.

Media men, as well as the general public were seen expressing their disappointment, following the long hours they waited to hear the verdict had failed and they had to leave the court premises without the judgment.

The  six member  panel of the Supreme Court,  led by Mr. Justice William Atuguba , told both applicants and the defence lawyers that, the judgment could not be deliver yesterday because one of the panel member was indisposed and that, the panel was not constituted to deliver the judgment.

“We have to adjourn this case to May 23, this year because one of the panel members is indisposed and we could not deliver the judgment as been scheduled,” the Justice Atuguba told the parties.

Mr. Samuel Okudzeto Ablakwa and Dr. Edward Omane Boamah, were in court with their legal counsel, Mr. Kombla Senanu as well as Mr. Jake Obessetbi Lamptey t hear the judgment.

The verdict by the Supreme Court on the  case which has been in court for over three years  would  set as precedent for the country to know whether ministers of state and other government appointees who are to be custodians of the state property could turned in any ridiculous manners bequest those state properties into their own.

The case which was filed in 2008 by the two plaintiffs who are now Deputy Ministers of Information and Youth and Sports respectively reached an important stage and the judgment which was to be deliver yesterday would determine whether the state property should be given to Mr. Obetsebi Lamptey or be reversed to the people of Ghana.

The Supreme Court had in December last year thrown out preliminary objection raised by Mr. Jake Obetsebi Lamptey, contending that the Supreme Court do not have original jurisdiction to hear the matter.

Mr. Obetsebi Lamptey who is also the Chairman of the NPP seeks to lay claim to the bungalow No. 2 at Mungo Street, Ridge residential area, arguing that he has duly purchased it. 

In his preliminary objection, he had sought to argue that the two plaintiffs could have gone to CHRAJ or the High Court with their case and that the Supreme Court did not have jurisdiction in the matter.

He  contended that, Article 20 (5) of the 1992 constitution that the applicants sought for the supreme court interpretation, was unambiguous as it sought to address fundamental human rights and that the supreme court has no jurisdiction to hear the matter.

But the nine eminent judges in a unanimous decision last year held that constitutional matters have been raised by the Plaintiffs and that Jake could not oust the jurisdiction of the Supreme Court of Ghana to interpret the constitution in the matter.
Messrs Okudzeto Ablakwa and Omane Boamah, in the latter part of 2008, sued the Attorney-General, the Chairman of the Lands Commission and the Chief Registrar of Lands at the Lands Title Registry in their personal capacities as citizens for allocating the property to Mr. Obetsebi-Lamptey.