Anti-Gay Bill: Court’s use of discretionary powers unreasonable – Dafeamekpor

Rockson-Nelson Dafeamekpor, the Member of Parliament for South Dayi, has expressed his intention to appeal a recent High Court ruling regarding a judicial review application he filed on the Anti-LGBTQ bill.

According to him, the reason given by the court — the use of discretionary power — to throw out the appeal, is unreasonable.

This comes after the Accra High Court ruled in response to a judicial review application filed by the South Dayi MP, Nelson-Rockson Dafeamekpor.

Mr. Dafeamekpor, in his writ to the court, sought to get the court to exercise the powers of mandamus, urging Parliament to transmit the bill and compelling the President to accept it for consideration.

However, the Attorney General opposed the application, arguing that granting the request would overstep the High Court’s powers.

Justice Ellen Lordina Serwaa Mireku, presiding over the matter, noted that pending applications at the Supreme Court made it inappropriate to grant the instant application.

In response to the judgment, Mr. Dafeamekpor voiced his concerns on Eyewitness News on Citi FM with Umaru Sanda Amadu.

“The normal remediable steps available to me are to appeal the ruling because if the court agrees with me that I merit the grant of the application, yet the exercise of discretion will not be granted in my favour, then I am minded to legally posit that the exercise of discretionary power as defined by the constitution has been whimsical, capricious, and unreasonable. That is one of the main grounds on which I will proceed to the court of appeal because the exercise of discretionary power must be reasonable. It must not be whimsical and capricious,” he stated.

 

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