A Koforidua High Court presided over by Mr Justice Suurebareh on Friday ruled that the writ filed by the National Democratic Congress (NDC) candidate, Babal Jamal, contesting the 2008 election was competent and not improper as being contested by the New Patriotic Party (NPP) candidate, Dr Kofi Asare.
He therefore dismissed the application filed by Dr Kofi Asare's legal counsel and awarded a cost of Gh500 cedis for the plaintiff.
The dismissal of the application meant that the court would now go into the substantive case filed by Baba Jamal and two independent candidates requesting the EC to conduct fresh parliamentary election in the Akwatia constituency.
The EC had earlier on wanted to conduct the election in only six polling stations where elections disputes occurred on December 7.
Giving his ruling, Justice Suurebareh upheld that since none of the four candidates had been declared winner and the EC had not gazette any results for the Akwatia parliamentary, the election was not concluded therefore grievances could be filed in the form of writ and not petition.
Referring to article 99 of the constitution he ruled that election petition could only be filed where an election had taken place and a candidate had been declared the winner.
Baba Jamal filed a writ at the Koforidua High court to compel the EC to conduct fresh elections in all the 89 polling stations and not in the six stations.