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01.09.2005 Crime & Punishment

Court strikes out writ against Fanteakwa DCE's nomination

GNA

Koforidua, Sept 01, GNA - A High Court at Koforidua on Wednesday struck out a writ seeking an injunction on the nomination, election and confirmation of Mr Ebenezer Ofoe Caesar as the Fanteakwa District Chief Executive.

Mr Justice Francis Miezah-Anyimah, the presiding judge, set aside the writ on the grounds that the plaintiff, Daniel Obeng Asihene, did not give the district assembly a month's notice contrary to section 127, sub-section 1 of the Local Government Act, 1993.

The court awarded three million cedis' cost against the plaintiff. Mr Asihene filed a suit at the High Court on August 19 seeking to restrain the Electoral Commission and the Fanteakwa District Assembly from conducting the election to endorse the re-nomination of Mr Ofoe Caesar as the DCE.

The plaintiff also sued the defendant on the grounds that he was involved in financial impropriety when he was a bursar at the St John's Grammar School, Accra, and therefore was not fit to be endorsed as DCE. When the case was first called on Monday the Attorney General's Department, acting as counsel for the defendant, moved the motion for the writ to be set aside for non-compliance with statutory provisions in accordance with the Local Government Act 1993 Act 460.

Hearing was, however, adjourned to Wednesday since neither the plaintiff nor his counsel appeared in court.

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