The Court of Appeal (CA) will on
an appeal application brought before it by the Electoral
Commission (EC) challenging the Sunyani High Court's ruling on
a preliminary objection on the Asutifi South Parliamentary election
When the matter came up for hearing on January 10, Mr Justice
Francis Kwabena Opoku, the Supervising High Court Judge sitting
on it, adjourned proceedings sine die (indefinitely) following a
notice to the effect that the EC had filed an appeal against the
The EC is praying the Court of Appeal to stay proceedings at
Court because, in the view of the Commission, the petition is not
properly laid before the court.
After the December 7 elections, Mr Yiadom Boakye-Boateng,
New Patriotic Party (NPP) Parliamentary candidate for Asutifi
South, filed an election petition and a motion for interim injunction
at the Sunyani High Court praying it to restrain electoral officers
from declaring the result of the election in the constituency.
Mr Boakye-Boateng alleged that the entire process of collating
the constituency results needed to be looked into or investigated
because it was fraught with corrupt and illegal practices.
He further alleged that the electoral officers, presiding officers,
polling agents, security personnel and the NDC candidate, Alhaji
Collins Dauda, had involved themselves in electoral malfeasance.
On December 22, 2008, the High Court overruled a preliminary
objection raised by counsel for Alhaji Collins Dauda, the National
Democratic Congress candidate, that the application was not
properly brought before the court.
In his ruling, Mr Justice Opoku said Mr Boakye-Boateng's
application was properly laid before the court.
The Asutifi South and Akwatia constituencies are the remaining
parliamentary results yet to be declared by the Electoral