The Supreme Court in a unanimous decision on June 25 held that the EC can go ahead with the exercise in compliance with C.1 126.
But Dr. Abdul Baasit Bamba who is representing NDC MP Ernest Norgbey said the case filed at the Adenta High Court is a Judicial Review asking the High Court to rule that C.I 126 which he amended to C.1 91 does not give the EC the power to compile a new register.
He told JoyNews’ court correspondent Joseph Ackah-Blay in an interview that the EC cannot go ahead without a resolution of this case.
Deputy Attorney General Godfred Yeboah Dame in an earlier interview with JoyNews said this case will not stop the EC from carrying out the exercise.
Dr. Bamba however disagrees with this view. He argues the Deputy AG is not a party to his case.
On Monday morning Dr. Bamba informed the court he wanted to withdraw the application for an injunction.
He however argued the substantive matter must be heard because it is not similar to the case which was determined by the court.
He insisted the court cannot apply the decision of the Supreme Court when it does not even have access to the reasoned judgement.
It will be recalled the Apex court indicated that the full written judgement will be available on July 15.
Lawyers for the EC led by Justin Amenuvor urged the court to dismiss the case insisting the Supreme Court dealt with the matters.
The court presided over by Justice Enyonam Adinyira dismissed the case holding that the issues it raises have been determined by the Apex court already.
This brings to an end three legal hurdles the EC had to surmount ahead of this registration exercise.
Dr. Bamba told pressmen they still look forward to having access to the decision of the Supreme Court hinting they may still challenge the new register even after compilation.