Court dismisses election petition
Criminal Session
for Greater-Accra Region opens
Court dismisses election petition
Sunyani (Brong Ahafo) 23 January 2001
A Sunyani High Court, presided over by Mr Justice Peter Gyaesayor on Monday dismissed a petition filed against the Electoral Commission and the election of Mr Johnson Aseidu -Nketiah, NDC parliamentary candidate for Wenchi West in last month's general election.
He said the petition was filed on December 13, 2000 before the gazette notice on the December 7 elections was published.
"Since the results of the election were gazetted on January 5, this year, the petition should have been filed within 21 days after this date as provided under the representation of the people law (PNDC 284).
The petition filed by Mr Joe Danquah, NPP parliamentary candidate was seeking the court's order to declare the results in the constituency null and void. It also sought another order for temporary injunction against Mr. Aseidu-Nketiah and for the re-run of the election in the constituency.
Counsel for the petitioner, Nana Obiri Boahen had argued that though the petition was filed before the results were published, it was not out of place since the PNDC Law 284 endorses such an action if corrupt practices could be imputed in the conduct of the election.
Nana Boahen said since the collation of the results was done without the presence of the agents of the other candidates and since the official vehicle of Mr Aseidu-Nketiah was used in carting the ballot boxes, corrupt practices could be imputed.
Counsel for Mr Aseidu-Nketiah and the Electoral Commission, Mr S. B. Donkor and Mr. Anthony Dadi, argued that the petition could not be entertained because no corrupt practices could be proved by the petitioner.
Mr. Donkor said though the vehicle of Mr, Aseidu- Nketiah was used in carting stuffed ballot boxes, he was not in the vehicle at the time of the conveyance.
"He only released his vehicle to the returning officer for the conveyance of the boxes to the collation centre after the one designated by the electoral commission to perform that duty had broken down. There is nothing corrupt about this''.
Dismissing the petition, Mr. Justice Gyaesayor said the law is specific about the timing of the filling of electoral petitions and since the petitioner has failed to convince the court of the corruption allegations, the petition could not be entertained.
Meanwhile, Madam Mayfair Abrebese, CPP candidate for the area has filed a fresh petition at the high court against Mr. Aseidu-Nketiah.
It is asking the court to declare the results in the constituency null and void on the basis that there was gross material non-compliance with the electoral laws in the conduct of the election in the constituency.
It said the election of Mr. Aseidu-Nketiah was fraught with corrupt practices as he used bribery and coercion to score a dubious victory, hence the need for the court to order a re-run of the parliamentary and presidential elections in the constituency.
Other respondents in the petition are the electoral commission, and the constituency returning officer,
GRi…/
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Criminal Session
for Greater-Accra Region opens
Accra (Greater Accra) 23 January
2001
The Criminal Session of the
Greater-Accra Region for the year 2000/2001 opened on Monday with the calling
of 10 criminal cases.
The opening marks the start of
criminal proceedings at two High Courts in Accra, where 95 criminal cases have
been listed for hearing.
The offences, for which the
criminals are to be tried, known in legal parlance as "Assizes",
include murder, robbery, manslaughter, use of offensive weapons and unlawful
entry.
Others are abortion, rape, incest,
defilement and having unnatural canal knowledge.
Two judges, Mrs Justice Beatrice
Agyemang-Bempah and Mrs Justice Owusu Arhin, who will try the cases, jointly
chaired the opening.
They took the pleas of the accused
persons and adjourned the cases for one week for the accused persons who are in
prison custody, while those on bail had their cases adjourned for two weeks.
The adjournment was to give the
prosecution time to assemble their witnesses, and the courts to engage the
services of counsel from the Legal Aid Board for accused persons who do not
have any legal representations.
GRi…/
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