The President of the nine-member Supreme Court Bench hearing the election petition, Mr. William Atuguba on Tuesday May 28, 2013 described as “not frivolous”, an application by a private Lawyer, Mr. Benony Tony Amekudzi to have the highest court of the land consider the propriety of suing the President when he is in office.

An earlier application filed by Mr. Amekudzi in that regard was dismissed by the Supreme Court for lacking proper form.

He has, therefore, filed another application seeking the same Court to review its earlier decision to throw out the case.

Mr. Amekudzi is seeking to challenge the petition contesting the legitimacy of President John Dramani Mahama.

The original application of Mr. Amekudzi, was thrown out by the Supreme Court on May 3, 2013 because he did not follow the rules of the court.

According to Mr. Amekudzi, who filed the original application as a friend of the court (amicus curiae), the President cannot be sued while in office.

He is arguing that the judges were wrong in ruling against a constitutional matter he had placed before them as a friend of the court.

Mr Amekudzi had on May 3, 2013 claimed that the application was brought in the interest of justice, protection of the rule of law and fairness that when certain cases were being adjudicated upon by the court, a friend of the court could be entertained to assist on legal points.

But the court dismissed his application because he did not follow the rules of court.