Who guards the guard?
interpretation and application of certain provisions of the Constitution regarding elections, the Elections Act, and the Election Regulations made thereunder.
In the middle of its judgement, the majority of the court steered off from the issues in the Petition and resorted to address itself to what it termed as “Contretemps afflicting judgment-delivery: Apprehensions of counsel”. This heading in the judgment referred to two letters written by the counsel for the Appellant dated October 25, 2015 and October 8, 2015, and addressed to the Chief Justice and the Registrar of the Supreme Court respectively. In those letters, counsel had raised the issue of delay in delivering of judgement in the matter. Counsel raised concerns that “since the appeal was heard on July 7, 2015, the same has been pending judgment” which the court had indicated was to be delivered on notice.
The Advocate raised concerns over two issues: first, the possibility and the ramification of the judgement being delivered after the lapse of 60 days as contained in Order 21 of the Civil Procedure Rules, and