GRi in Court Ghana 16 - 11 - 2000

Supreme Court dismisses NPP's application

Supreme Court dismisses NPP's application

Accra (Greater Accra) 16 November 2000

The Supreme Court on Wednesday ruled that it has no jurisdiction to hear a writ filed by the New Patriotic Party (NPP) against two civil servants who declared their intention to contest parliamentary elections while still at post.

By a 3-to-2 vote the court dismissed the NPP's application filed on June 8, challenging the eligibility of Mr Kofi Opoku-Manu, Chief Director, Ministry of Finance, and Mr Joseph Oteng-Agyei, Director, Ministry of Mines and Energy, to contest the parliamentary elections as NDC candidates.

The majority's view was carried by Mrs Justice Joyce Bamford Addo (presiding), Mr Justice F. Y. Kpegah and Mr Justice W. A. Atugubah, while Mr Justice A. K. B. Ampiah and Mr Justice G. K. Acquah, dissented. The court said it would give its reasons on November 21.

Mr Martin Amidu, running mate of NDC flag bearer and Deputy Attorney General argued that the import of the writ did not fall under the jurisdiction of the court.

Mr Opoku-Manu is contesting the Asante-Akyem North constituency and Mr Oteng-Agyei the Bosomtwe constituency.

Nana Akuffo-Addo, Counsel for NPP, described the action of the two candidates as ''unconstitutional" because of their continued stay at post while campaigning to become parliamentarians.

He urged the court to exercise its exclusive jurisdiction by enforcing the constitution, which provides that civil servants, who run for parliament, must resign their post.

In his submissions, Mr Amidu contended that the writ is intended to be speculative, because at the time it was filed, the defendants had not submitted or filed their nomination papers with the Electoral Commission.

GRi…/