Justice Philip Banks, who is presiding over three petitions at the Supreme Court over the results of three counties in the senate elections, says he is prepared to quit his role at the high court if being independent means compromising his constitutional duties.
Justice Banks said the Supreme Court was not being used by any politician as is being held in certain quarters in regards to the petition before it.
Three of the 15 senators-elect in the just-ended Special Senatorial Elections could not be certificated after the high court was petitioned to look into qualms raised by three separate candidates who lost during the December 20 polls.
The senators-elect affected are Cllr. Varney Sherman for Grand Cape Mount County, Jim Tornonlah for Margibi County and Morris Saytumah for Bomi County.
Justice Banks informs party’s lawyers that he remains independent stating, “If my independence cannot allow me to perform my constitutional duties I will quit the [Supreme] Court.”
Justice Banks’ comments came minutes before he opened argument into the writ of prohibition hearing in a fill-to-capacity Supreme Court at the Temple Justice.
Justice Banks informed the parties’ lawyers that the court would first not look into their individual complaints, rather whether or not the NEC had the right to certificate winners while investigation into complaints was ongoing.
At the program marking the certification of the 12 cleared senators over the weekend the Speaker of the House of Representatives, Alex Tyler was taken aback by the decision of the high court.
Speaker Tyler said petitioners should have first exhort the legal procedures and processes at the NEC before taking issues to the Supreme Court.