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10.05.2006 General News

Bye-election - Court of Appeal seals the doom of Mion MP

By Accra mail

The Ruling
In the Superior Court of Judicature, the Court of Appeal (Civil Division) sitting at Accra on Monday the 8th day of May, 2006. Coram: Asare-Korang JA. (Presiding) Piesare and Apaloo JJA. H1/58/06
IN THE MATTER OF ARTICLE 99 OF THE 1992 CONSTITUTION AND IN THE MATTER OF THE REPRESENTATION OF THE PEOPLES LAW (PNDCL 284) AND IN THE MATTER OF THE PARLIAMENTARY ELECTION FOR MION CONSTITUENCY HELD ON 7-12-2004.
Petitioner/Respondent present.
Applicant/Appellant absent.
E.K. Musah for Petitioner/Respondent.
By Court:
Appeal struck out for non-compliance with Rule 20 (1) of C.I. 19.
Costs of ยข5 million in favour of Petitioner/Respondent.
(Sgd.) A. Asare-Korang
Justice of Appeal
(Sgd.) E.K. Piesare
Justice of Appeal
(Sgd.) R.K. Apaloo
Justice of Appeal.

With the words above, the Court of Appeal has opened the way for a bye-election in the Mion Constituency which was "won" by the NDC in election 2004 and put Alhassan Ahmed Yakubu in Parliament.

The NPP "losing" NPP candidate Mahama Negin Kwasi Samuel has been fighting the results ever since they were declared by the Electoral Commission. With the Court of Appeal upholding a lower court's earlier decision in favour of the NPP candidate, it is now quite certain that the Electoral Commission would have to conduct a bye-election in the constituency.

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