16 January 2013

Ghana: Court Orders Npp Parl. Candidate to Pay Ghâ¢1,000

An Accra Fast Track Court (FTC) has ordered the New Patriotic Party (NPP) parliamentary candidate for the Madina Constituency in the December 2012 parliamentary election to pay a security cost of GH¢1, 000 for an election petition he filed before it.

The court, presided over by Justice Nicholas Mensah Cudjoe Abodakpi, asked the election petitioner, Mr. James Amoah to pay the security cost in accordance with election petition law, which indicates that the court was mandated to determine security cost to be paid by the petitioner.

The decision of the court followed a motion ex-parte, filed before the court by the petitioner, after he had filed an election petition against the Electoral Commission (EC) and the National Democratic Congress (NDC) Member of Parliament (MP) for Madina Constituency, Alhaji Amadu Sorogho.

According to the court, after weighing the issues before it, it had realized that the case required the payment of a security cost by the petitioner.

The Election Petitioner, Mr. Amoah, is challenging the validity of the election of the NDC candidate, Alhaji Amadu Sorogho, as MP for the constituency. In his petition, Mr. Amoah is claiming to be the winner of the just-ended December 2012 parliamentary election, conducted in the Madina Constituency.

According to him, there had been irregularities during the voting exercise in the constituency for which he was denied the winner of the parliamentary polls. Further hearing was slated for January 29, this year.

Mr. Amoah filed his petition through his counsel, Mr. Ayikoi Otoo, in pursuant to the 1992 Constitution and the Representation of the People Act 1992, PNDCL 284, and requesting the court to declare him the duly elected MP for the Madina Constituency.

In his grounds of action, Mr. Amoah noted that the provisions of the 1992 Constitution, the Representation of the Peoples Act (PNDCL 284) as amended, as well as the Public Elections Regulations C.I 75, which governs elections in the country, were flouted during the conduct of the December 2012 elections in the Madina Constituency.

According to Mr. Amoah, over-voting took place at several polling stations in the constituency, making the total valid and rejected votes exceeding the number of ballots issued to voters.

The petitioner also asserted that contrary to the Public Elections Regulations C.I 75, voters in several polling stations in the Madina Constituency voted without biometric verification.

It is his contention that figures on the blue/pink electoral sheets were amended several times over doubts raised against figures recorded for the polling stations.

Subsequently, the petitioner noted that there was need to scrutinize the collated figures that declared the NDC candidate, Alhaji Sorogho, winner, a process, which would clearly show that the gazetted MP was not the winner of the recently conducted election in the Constituency.

The petitioner pointed out that the failure of complying with the regulations that guided the elections, indicated that the election conducted at the Madina Constituency was not done in accordance with the law, and as such, affected the final results of the election.

Mr. Amoah is further asking the court to nullify over 12,000 votes, and deduct same from the total votes credited to the NDC candidate, Alhaji Sorogho, to pave the way for him to be declared winner of the election at the Madina Constituency.

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