No lawyers at Attorney-General's Office in
Sunyani
Court dismisses NDC's action against EC
No lawyers at Attorney-General's Office in
Sunyani
Sunyani (Eastern Region) 14 June 2001
The prosecution of cases, particularly criminal ones in the higher courts in the Brong Ahafo Region, has virtually come to a halt due to an acute shortage of lawyers at the Attorney-General's (AG) Department in Sunyani.
This has adversely affected administration of justice especially cases pending before the courts.
Investigations by the Ghana News Agency (GNA) showed that the Regional Office of the AG in Sunyani needs at least six lawyers, excluding the head of department to handle cases at the courts.
There are four high courts, one regional tribunal and circuit courts and community tribunals in all the 13 districts in the region.
The police are not allowed to prosecute offenders in the high courts and regional tribunals.
Speaking to the GNA, the Chief State Attorney in charge of the region, Mr. Betuiriseeh Cab-Beyuo confirmed the shortage and added that he is the only lawyer at the office handling more than 300 dockets and cases awaiting advice and prosecution.
GRi…/
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Court dismisses NDC's action against EC
Accra (Greater Accra) 14 June 2001
The Supreme Court on Wednesday dismissed an action filed by the National Democratic Congress (NDC) against the Electoral Commission (EC) for conducting elections for regional representatives to the Council of State.
The action sought a perpetual injunction to restrain the EC from conducting the elections.
After various arguments had been advanced, the court presided over by Justice E.K. Wiredu, unanimously gave judgement in favour of the EC.
It did not award any cost.
Other panel members of the court were Justice Joyce Bamfo-Addo, Justice A.K.B. Ampiah, Justice E.D. Adjabeng, Justice George K. Acquah, Justice W.A. Atuguba, Justice Sophia Akuffo, Justice George Lamptey and Justice T.K. Adzoe.
The court said the plaintiff's action was misdirected and speculative "and it must be disposed with utmost dispatch".
It said the plaintiff gave no notice to substitute its case, hence it was not entitled to any of the reliefs sought.
The court stated further that it was the duty of the plaintiff to sue the district assemblies and not the E.C., "as such the plaintiff cannot succeed."
The court said the Constitutional Instrument (CI) 1 and C.I. 50 enjoin it to dismiss the plaintiff's action because it has no jurisdiction to entertain it.
The court also said the district assemblies are not properly constituted and the 30 per cent government nominees are not core members of the assembly.
In its statement of case, the NDC said on February 15 this year, the E.C. caused notice to be published in which a number of people drawn from the 10 regions of the country were declared as nominated candidates, for the election of regional representatives to the Council of State.
The NDC contended that the notice to conduct the elections for regional representatives to the Council of State is inconsistent and in contravention of
Articles 89(2) and 242( c ) and (d) of the 1992 Constitution.
It said the (C.I.1)1993 provides that, "there shall be a constituted Electoral College in every region of Ghana, for the purpose of electing a regional representative to the Council of State."
It argued further that paragraph four the CI provides that "the electoral college shall comprise two representatives from each of the districts in the region, nominated by the district assemblies in the region."
The statement contended that the district assemblies can only perform their duties of electing someone to the electoral college only when they are properly constituted, which was not the case at the time the EC gave the notice.
"By Article 242( c )and (d) and section 5(1) of the Local Government Act
1993 Act 462, a District Assembly consists of the District Chief Executive (DCE)
and other persons not exceeding 30 per cent of the total membership of the
assembly, appointed by the president in consultation with the traditional
authorities and other interest groups in the district."
The statement said by letters written by the Ministry of Local Government and Rural Development the appointments of all DCEs were terminated at the time the notice of the election was given.
In a statement of defence, Mr L. Quarshie-Idun, Counsel for EC stated that on February 9 this year, it issued an announcement in accordance with paragraph ( c ) of Clause 2 of Article 89 of the 1992 Constitution, informing the public that the election of regional representatives of the Council of State was to be held on February 15 this year, at the regional offices of the commission.
It said the qualifications of the regional representatives to the Council of State were indicated in the announcement, which also stated that nominations of candidates were to be held on February 15, at the regional offices of the commission.
The statement denied that the district assemblies were not properly constituted at the date of filing of plaintiff's writ.
GRi…/
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