APPLICATION TO NULLIFY WRIT DISMISSED (PAGE 3)

THE Koforidua High Court on Thursday dismissed an application to nullify a writ before it in connection with the recent parliamentary election in the Akwatia Constituency in the Eastern Region.
The court, which had a heavy police presence and was presided over by Mr Justice Surrubarreh, therefore, directed that the writ must take its normal course and awarded GH¢500 costs against the second defendant, Dr Kofi Asare, the New Patriotic Party (NPP) parliamentary candidate in the constituency
The writ was filed by the National Democratic Congress (NDC) parliamentary candidate for the constituency, Baba Jamal Armed Muhammed, and two independent candidates, Samuel Abrokwa and Basil Ahiable.
The three prayed the court to order the Electoral Commission (EC) to re-run the elections in all the polling stations in the constituency, instead of only six polling stations, since the election in all the polling stations was fraught with malpractice.
In the course of the trial, Dr Asare came in as the second defendant and filed a petition praying the court to dismiss the writ, arguing that it was not proper and that the plaintiffs should rather seek redress through an election petition but not with a writ, since the event was an election whose grievances must be addressed through a petition.
Giving reasons for the ruling, which lasted for nearly 30 minutes, Justice Surrubarreh referred to similar cases as contained in the Ghana Law Reports, as well as other legal statutes, and said since nobody had been elected to be gazetted and presented to Parliament as in the case at Akwatia, the event could not be an election whose grievances should be redressed through an election petition.
He then dismissed the application, ordered the writ to go through its normal course and awarded GH¢500 costs against Dr Asare.
At the previous sitting, counsel for Dr Asare, Mr Amoako Adjei, had contended that although nobody had been elected during the Akwatia event, what happened there was an election and that any aggrieved person should seek redress at the court through an election petition but not with a writ.
Quoting legal statutes to buttress his argument, counsel told the court that an election must not necessarily mean that someone must be elected, gazetted and the name sent to Parliament and that although all the processes could not be completed as in the case of Akwatia, the event was an election and that if there should be any grievances, they must be addressed through an election petition but not with a writ.
He, therefore, prayed the court to strike out the writ, after which plaintiffs could come back to the court with an election petition if they should have some grievances.
“My Lord, if plaintiffs have grievances, they should come to court through the proper channel, instead of going through the wrong door,” Mr Adjei told the court.
Counsel for the EC, Mr James Quarshie-Idum, supported Mr Adjei’s argument and stated that although the process to elect a representative for Akwatia could not be completed, the event was an election.
Shortly after the judge had given his ruling, a large number of people gathered in front of the courtroom and suspected to be supporters of the NDC and the NPP nearly clashed, amidst insults. But the presence of a large number of policemen in riot control gear averted the clash.