GRi in Court Ghana 15 – 01 - 2001

 

Petition challenges MP's eligibility

 

KMA requested to abide by court's verdict

 

 

Petition challenges MP's eligibility

Sunyani (Brong Ahafo) 15 January 2001

 

Nana Kwaku Arhin of Jema in the Kintampo District on Wednesday filed a petition at the Sunyani High Court challenging the eligibility of Mr Yaw Effah-Baafi as the Member of Parliament for the area.

The petition, filed on his behalf by Mr Kwame Twumasi-Awuah, a Sunyani-based lawyer on January 3 this year, avers that Mr Effah-Baafi was a civil servant at the time of his election on December 7 last year and was therefore unqualified to stand.

"The Electoral Commission erred by accepting Mr Effah-Baafi's nomination to contest the election because at the time he filed it, he was a civil servant and was therefore ineligible to participate in the election."

The Electoral Commissioner and his Brong-Ahafo Regional and Kintampo District officers have been mentioned as the other respondents.

The petition said until his election, Mr Effah-Baafi was an employee of the Ministry of Food and Agriculture at Kintampo, and continued to receive his salary after filing his nomination papers.

It said Mr Effah-Baafi's resignation letter though written on September 26, last year, was officially presented on December 15, several days after the December 7 election.

The petition prayed the court for an order declaring that Mr Effah-Baafi, who stood on the ticket of the NDC, was ineligible to contest the parliamentary election.

It is also requesting the court to grant an order of perpetual injunction to restrain Mr Effah-Baafi from holding himself out as the MP for the area.

Additionally the petition is asking the court "to declare his election null and void and another order declaring the candidate with the second highest votes as the elected MP for the area".

The petition has listed some officials at the district office of the Ministry of Food and Agriculture, the Kintampo District Treasury Officer and the district Office of the Accountant General's Department as witnesses.

GRi…/

 

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KMA requested to abide by court's verdict

Kumasi (Ashanti Region) 15 January 2001

 

Solicitors of the Kejetia Traders Association popularly called "Mighty 18" have requested the Kumasi Metropolitan Assembly (KMA), to abide by the judgement of a Kumasi High Court on the allocation of stores at North Suntreso, delivered on November 2, 1999.

The solicitors of Minka-Premo and Company, in a letter on behalf of the association said: " We wrote to you in connection with the case involving Kejetia Traders Association and KMA and Anor and wish to reiterate our call on you to abide by the judgement of the court".

The Kejetia Traders Association, filed a writ of summons, together with a statement of claim seeking an order of specific performance of oral contract between it and the KMA in respect of the North Suntreso market stores.

The writ also sought to restrain the KMA from distributing the stores to any other people apart from members of the association.

The writ said alternatively, KMA should refund an amount of 44.2 million cedis, they  spent on the project.

The court presided over by Mr Justice G.M. Quaye, in the judgement said evidence showed that the Kejetia Traders Association and the KMA entered into an oral contract for the construction of market stores at North Suntreso.

It therefore ordered that the association was entitled to primary consideration in the allocation of the stores.

The court also directed that members of the association who paid less than the full amount for the construction of the stores be given time to complete payment or should have their deposits refunded if they are not able meet the dead line.

However, the KMA has since the order of the High Court refused to comply with the order compelling the association to write through its solicitors to remind it of the judgement.

GRi…/

 

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