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Ruling on
Akwatia election case fixed for February 20
Koforidua, Feb. 17,
Ghanadot/GNA - A Koforidua High Court, presided over
by Justice Suurebareh, has adjourned the Akwatia Election
dispute case to February 20, for ruling on the procedure
used in filing the case.
Dr Kofi Asare, the New Patriotic Party (NPP) parliamentary
candidate and second defendant in the Akwatia election
dispute has petitioned the court to strike out the writ
filed by the National Democratic Congress (NDC) on grounds
of competency.
Counsel for Dr Asare, Mr Kwasi Amoako Adjei, challenged the
competency of the writ filed by the NDC parliamentary
candidate, Baba Jamal, at the court, instead of a petition,
adding that “the plaintiff may have grievance and good
grounds to grief but must satisfy the laws.”
Quoting PNDC law 284, Mr Adjei contended that matters
connected to elections were supposed to be filed at the
court in the form of petitions and not writ.
He told the court that the Akwatia elections were
characterized by irregularities and impropriety therefore
the PNDC law 284 amended by the peoples law section 16
interpreted that validity of any election dispute may be
commenced by a petition.
Referring to other contested election disputes filed at the
courts for redress, he stressed that petition was entirely
different from a writ and prayed the court to strike out the
writ so that the NDC could approach the court in a lawful
way.
Counsel for Baba Jamal, Mr Carlos De-Souza, also quoting the
same PNDC law 284 said “election petition cannot be filed
when an election has not come to finality like the Akwatia
parliamentary election where none of the five contestants
had been declared a winner”.
He argued that the Akwatia election results “had not been
gazetted, a winner had not been declared and the Electoral
Commission (EC) had also not informed the Clerk of
Parliament of any MP elect therefore it could be described
as no election had taken place at Akwatia for a petition to
be filed to address a grievance”.
He prayed the court that “the cry of the three contestants
including Baba Jamal and the two independent candidates for
a fresh election to be held in the constituency must be
listened to”.
Meanwhile the NDC has filed a petition at the Appeal Court
for stay of proceedings by the court on the competency of
the writ.
GNA
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