Sunyani court hears petition against MP
Sunyani court hears petition against MP
Sunyani (Eastern Region) 12 January 2001
A Sunyani High Court, hearing a petition filed against Mr. Johnson Asiedu-Nketiah, MP for Wenchi West, and the Electoral Commission for the first time on Thursday adjourned till January 22, this year, a ruling on preliminary objections raised by counsels for the respondents.
Mr. Joe Danquah, NPP parliamentary candidate for Wenchi West in the December 7 election, is praying the court to grant an order of interim injunction against the MP because his election was "fraudulent and illegal".
The petition, filed by his counsel, Nana Obiri Boahen, avers that the election of Mr. Asiedu-Nketiah was fraught with corrupt and illegal practices as there was material non-compliance with the electoral laws.
Mr. Anthony Kodzo Dadi and Mr. S.B. Donkor, counsel for the Electoral Commission and Mr. Asiedu-Nketiah respectively, however, argued that the petition was incompetent and premature.
They submitted that Section 19 of PNDC Law 284, which is the people's representative law, states that an election petition can only be entertained when it is filed 21 days after results are gazetted.
"Since the petition was filed on December 13, 2000, when the gazette on the results was prepared for publication on December 30 of the same year, the petition is pre-mature".
Nana Obiri Boahen countered this with a declaration that Section 18 of the same law makes an exception to the rule where a petition can be filed before a gazette notification when a corrupt practice can be imputed.
"Since Mr. Asiedu-Nketiah has admitted that his official Nissan Patrol vehicle was used to cart ballot boxes in the night after the election, corrupt and illegal practices can be imputed."
Nana Obiri Boahen said this admission, in addition to cash and material inducements given out to voters by the MP, proved beyond reasonable doubt that his election was achieved through corrupt and irregular practices.
"It is for this reason that the honourable court is being asked to order the commission to withdraw its recognition of Mr. Asiedu-Nketiah until the final determination of this petition."
Responding, Mr. Dadi and Mr. Donkor said the petition cannot be entertained under the exception rule because the petitioner has not proved his allegations of corruption against Mr. Asiedu-Nketiah, a former Deputy Minister of Food and Agriculture.
Mr. Dadi said corruption, as defined by the law, is "the commission of the offence of impersonation, bribery, undue influence or aiding and abetting a person to win an election".
He stated that the mere fact that Mr. Asiedu-Nketiah's vehicle was used in carting ballot boxes "in itself does not constitute a corrupt practice", more so when he was not in the vehicle at the time of the conveyance.
Mr. Donkor added that the contents of the boxes were recorded and sealed in the presence of all political party agents before being conveyed from Akianyakrom to Bui.
"There was no breakage of the seals when they arrived at their destination so the allegation of corrupt practice has not and cannot be asserted by the petitioner."
He explained that the MP's vehicle was used to cart the boxes because the one assigned by the Electoral Commission to do that work broke down.
After these submissions, Mr. Kwaku Baah, as a friend of the court, drew the presiding judge's attention to an application that has been brought before the Supreme Court for hearing on Tuesday for the full interpretation of the exception rule in Section 18 of PNDC Law 284.
The Judge, Mr. Justice Peter K. Gyaesayor, therefore, postponed ruling on the objections till Monday, January 22, by which time the proper interpretation of the exception rule might have been given by the Supreme Court.
GRi…/
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Sekondi (Western Region) 12 January 2001
A Circuit tribunal in Sekondi on Thursday remanded four Nigerians charged with robbery to re-appear on January 24. Their plea was not taken.
They are Prince Umah, alias Sakora, 34, trader; Joshua Gjugu, 20, Barber; Ben Okeke, 37, and Omekah Osendo, 20, both traders.
They are charged with three counts of conspiracy to commit crime, robbery and possessing offensive weapons.
The court heard that the accused attacked Mr. Anthony K. Ntsiful, an accountant at the Aboadze Thermal Plant at Benso in the Western Region on December 30, took the Landcruiser vehicle he was driving, personal belongings, cash, documents and his mobile set.
Neighbours who heard gunshots fired by the robbers raised the alarm that made the robbers abandon the vehicle at Amantin, a nearby town.
Members of a watchdog committee in the area managed to arrest the robbers who tried to escape through a nearby bush.
The prosecution said a shotgun, kente cloth, a gold weighing scale, a sharp butchering knife, and cartridges were retrieved from the accused.
GRi…/
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