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17.02.2009 Politics

Appeals Court adjourns Asutifi South election petition indefinitely


The Court of Appeal on Tuesday adjourned sine
die the appeal application brought before it by the Electoral Commission

(EC), challenging the Sunyani High Court's ruling in the Asutifi South Parliamentary election delivered on January 6.

When the matter came up for hearing, Mr Nkrabeah Effah-Dartey, counsel

for Mr Yiadom Boakye-Boateng, the petitioner, drew the court's attention to

the fact that Alhaji Collins Dauda, the NDC Parliamentary candidate, had

taken the matter to the Supreme Court.
Mr Effah-Dartey informed the court that his information was that the Supreme Court on Tuesday adjourned the matter to Tuesday, February 24,

because one of the panel members was indisposed.
Mr Justice Asare Korang, the presiding judge, said the matter had to be first determined by the Supreme Court and therefore adjourned it indefinitely.

Whilst the EC is praying the Court of Appeal to stay proceedings at the High Court, Alhaji Dauda is seeking an Order of Certiorari at the Supreme

Court to quash the High Court's ruling.
After the December 7 elections, the petitioner, who is the New Patriotic Party (NPP) parliamentary candidate for Asutifi South, filed the petition and

a motion for interim injunction at the Sunyani High Court, praying it to restrain the electoral officers from declaring the results 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 certain corrupt and illegal practices.

He further alleged that the electoral officers - presiding officers, polling agents and security personnel - and the NDC candidate, Alhaji Dauda,

had involved themselves in electoral malpractices.
It is the High Court's ruling of December 22, 2008 on the preliminary objection which the EC and Alhaji Dauda are challenging at the Court of Appeal and Supreme Court respectively.