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23.02.2009 Politics

EC To Appeal•Against Akwatia Ruling

By Daily Guide
EC To Appeal•Against Akwatia Ruling

Baba Jamal The Electoral Commission (EC) is likely to appeal against the ruling of a Koforidua High Court which on Friday dismissed an application by it and the New Patriotic Party (NPP) parliamentary candidate for Akwatia.

The application was to nullify a writ filed by the parliamentary candidate of the National Democratic Congress (NDC) and two independent candidates who are seeking a re-run of the parliamentary elections in the Akwatia constituency.

The High Court presided over by Justice Surrebarreh threw out an application by the EC and the NPP candidate, Dr Kofi Asare in its ruling, and awarded a GH¢500 cost against the NPP candidate who was the second defendant in the case.

DAILY GUIDE has learnt that EC would appeal against the ruling today at the Appeal Court.

The NDC candidate, Baba Jamal and two independent candidates, Messrs Basil Ahiable and Samuel Abrokwah, jointly filed a writ praying the court to order the EC to conduct fresh parliamentary elections since they believe there were serious electoral irregularities and fraud at most of the polling stations during last year's general election.

However, the EC wanted to conduct elections in only six of the polling stations located at Akwatia where disruption of the electoral process by some 'macho men' believed to be supporters of the NDC candidate was reported.

In the course of the trial, Dr. Kofi Asare came in as a second defendant and filed a petition asking the court to dismiss the writ filed by the plaintiffs.

He argued that it was not proper for the plaintiffs to file a writ but rather seek a redress through an elections petition since the event was an election whose grievances should be addressed through a petition instead.

The judge however dismissed the application last Friday and ordered that the writ should go through its normal course.

Giving reasons for his ruling, Justice Surrebarreh said since nobody had been elected at Akwatia to be gazzetted and presented to Parliament, the event could not be an election whose grievances should be addressed through a petition.

From Thomas Fosu Jnr, Koforidua