The Supreme Court on Tuesday adjourned the case involving three members of the National Democratic Congress (NDC) and the Electoral Commission (EC) sine die because there was no proof of service on the other party in the matter.
The five-member panel of judges headed by Ms. Justice Sophia Akuffo deferred the case till the court registrar notifies the other parties in the matter.
The plaintiffs, who are all known members of NDC, are Mr Rojo Mettle-Nunoo, an education consultant, Squadron Leader Clend Sowu (rtd), former MP for Keta and Mr. Kofi Portuphy, a farmer.
Mr. Tony Lithur, counsel for the plaintiffs, in his explanation said even though they had filed all their applications with the court, the EC was yet to receive its hearing notice.
The facts are that Ms Mettle-Nunoo and the two other members of the NDC filed an application at an Accra Fast Track High Court restraining the Electoral Commission (EC) from destroying documents and materials of the December 2004 Presidential Elections.
The Plaintiffs are seeking the order of the court to compel the EC to continue to retain in its custody all documents and materials forwarded to the Commission in respect of the December 7, 2004 elections.
The plaintiffs are contending that on December 7, 2004, in pursuance of the EC's constitutional obligation and statutory mandate, the EC organised and supervised nationwide elections to elect into office the President and 230 Members of Parliament.
After the Presidential and Parliamentary Elections of 2004, the EC, "by its Chairman, convened a press conference on December 9, 2004 at about 10:00 pm and declared the incumbent President, His Excellency John Agyekum Kufuor as the winner".
It said on or about December 10, at about 10:55 am, the Chairman of the EC, Dr. Kwadwo Afari-Gyan once again held another press conference and declared President Kufuor as the winner of the Presidential Election.
The Plaintiffs said the declaration, according to the EC's Chairman, mentioned that the results of the elections were based on 227 out of 230 constituencies.
"The results at all material times were and declared to be provisional."
The EC did not oppose the motion, declaring that it had no intention to destroy documents of the 2004 Presidential Elections.
The Plaintiffs are seeking among other things a declaration that the EC is bound to publish in the gazette or in any manner permitted by law, the full and complete results of the December 7, 2004 Presidential Elections.
These include the details of total votes cast in each constituency, the total valid votes cast for each presidential candidate and respective percentage votes. They are also seeking further orders and other relief as well as costs.