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Supreme Court seeks AG’s views on NDC
suit on 2004 election
Accra, June 26, Ghanadot/GNA - The Supreme Court on Thursday
called for the views of the Attorney-General’s office in the
case in which three National Democratic Congress (NDC)
activists are contesting the results of the December 7, 2004
general elections.
“It is desirable that views of the Attorney-General’s
Department are obtained,” Ms Justice Sophia Akuffo, who
presided, said. Other members on the panel were Mr Justice
Allan Brobbey, Mr Justice Darte-Baah, Mrs Sophia Adiniyrah
and Mr Justice Julius Ansah.
It further called on both defendants (Attorney-General and
the Electoral Commission) and the plaintiffs to file their
references and statement of case by July 9.
It said documentation of all exhibits should be made
available to the court to ensure that hearing commenced on
July 15.
In 2006, the three NDC activists, Mr. Rojo Mettle Nunoo,
Clend Sowu and Kofi Portuphy, commenced legal action seeking
an order of the court restraining the EC and its agents from
destroying the exhibits pending the final determination of
the suit.
It is the case of Plaintiffs that at the time the Chairman
of the EC, Dr Kwadwo Afari-Djan declared President John
Agyekum Kufuor winner of the presidential polls, it did not
base its declaration on the total results from 230
constituencies of the country, since only those from 225
constituencies were used.
Additionally, plaintiffs claim that the defendant on the
following day held a press conference and basing its
declarations on total results from 227 out of the 230
constituencies, declared the incumbent president, winner of
the polls.
Plaintiffs contended that the results at the time should
have been declared as provisional, until all results from
the 230 constituencies were collated.
“Up to date of instituting the present suit, the defendant
has not declared the full and complete results of the
presidential elections of December 7, 2004.”
Plaintiffs argued that the collation and declaration of
election results in a transparent manner and in time form an
integral part of the constitutional duty of the defendant,
mandated under the laws of the country to conduct and
supervise all public elections and referenda.
Mr Tony Lithur, represented the plaintiffs with Ms Euince
Roberts representing the Electoral Commission.
GNA
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