Suit against EC thrown out

Mr.Jacob Osei Yeboah,JOYAn Accra High Court has dismissed a suit filed by independent presidential candidate Jacob Osei Yeboah (JOY) and two others, seeking to compel the Electoral Commission (EC) to delete names of all dead people and other undesirable names from the electoral register ahead of the December 7 polls.

The applicants also wanted the court to order the EC to enforce the Political Parties Act 574.

The court, presided by Justice Gifty Adjei Addo, dismissed the application for judicial review by way of mandamus is dismissed but reserved the details of the judgement for today.

The judge further award cost of GH¢500 to the commission.

Mr. Osei Yeboah wanted to compel the EC to delete names of the deceased, minors and any undiserables through exhibition verification process.

The applicant prayed the court for an order for the commission to initiate steps to amend CI 91 Regulation 23 (2a) and enforce the Political Parties Act 576 Sections 14(1), 15(1) and 21(1).

Section 15(1) avers that ” within ninety days after the issue to it of a final certificate of registration, a political party shall furnish the commission with details of the existence and location of its national, regional , district and constituency offices”.

Section 21(1) also states ” a political party shall within six months from December 31, of each year, file with the commission audited accounts of the party for the year”.

The applicants also wanted the EC to re-open and extend the exhibition for another seven days to give opportunity for intended voters to verify their names in order to cast their votes in the December 7 polls.

They wanted the EC to incorporate any intended electoral reform processes backed by a constitutional instrument, with emphasis on electronic transmission of polling result.

In addition, the application sought an order for the commission to provide details of all electoral officers and their voter IDs in the 29,000 polling stations stating that the EC had not demonstrated that it had the moral strength to enforce the law that is no patent.

The commission, in its response, indicated that in so far as the reliefs were concerned, same was extensively determined in the case of Abu Ramadan versus the EC at the Supreme Court.

Additionally, it said in respect of mandamus applications, there was the need for a prior demand and outright refusal, but the applicant failed to demonstrate that there was a demand and refusal to warrant the application.

 

By Edem Mensah-Tsotorme

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