NPP FILES WRIT • Calling for suspension of election in Tain Constituency

Friday, January 2, 2009 (Second Lead Story)

THE New Patriotic Party (NPP) yesterday afternoon filed a fresh application at the Fast Track High Court seeking an order to restrain the Electoral Commission (EC) from conducting today’s presidential run-off in the Tain Constituency.
The writ, which was filed on notice, is also seeking an order of interlocutory injunction to restrain the EC from declaring the winner of the 2008 presidential election without a re-run of the election in the Volta Region.
It was filed at 2.46 p.m. by Zoe, Akyea & Co on behalf of the NPP and its Chairman, Peter Mac Manu, against the EC and its Chairman, Dr Kwadwo Afari-Gyan.
Those affected by the writ are Prof John Evans Atta Mills and the National Democratic Congress (NDC).
The motion will be moved on Monday, January 5, 2009.
An affidavit in support of the motion said the plaintiffs were dissatisfied with the conduct of the election in the Volta Region generally and particularly in the Ho Central, Ho East, Ho West, Ave-Avenor, North Tongu, Keta, Ketu South, Hohoe South and South Dayi constituencies.
"There was massive electoral malpractice which severely compromised the election, rendering it manifestly unreliable," it pointed out.
According to plaintiffs, the results reflected in the Volta Region should not be included in the national vote tally because it would "taint/compromise the credibility, fairness and transparency of the entire presidential election of December 28, 2008".
They said on December 28, 2008, the Campaign Director of the NPP wrote a letter to the EC, complaining of the irregularities in the Volta Region poll and requested that the poll be suspended until the said irregularities had been investigated and rectified.
Plaintiffs averred that the NPP again raised the issue with the Chairman of the EC on December 30, 2008 but to no avail, adding that "the defendant has gone ahead to include the impugned results of the Volta Region poll in the tally of votes in the presidential election, without taking account of plaintiffs’ complaints nor taking steps to investigate and rectify same".
According to plaintiffs, the failure of the Chairman of the EC to consider, investigate and resolve the complaints of the plaintiff in respect of the December 28, 2008 presidential election was contrary to law and principles of natural justice.
They averred that as a result of the conduct of the EC, the results of the presidential election would not reflect the true will of the people of Ghana.
"Having due regard to the urgency of this case after January 2, 2009, a plausible case of necessity has been made to warrant the grant of an injunction in order to avoid a situation in which the plaintiffs will suffer irreparable damage," the affidavit in support of the motion stated.
"The exigencies have also not permitted us to annex our supporting documents and statement of case which we shall furnish the court in a supplementary affidavit," plaintiffs explained.
According to them, the Chairman of the EC erred when he came to the arbitrary position that the Tain Constituency was the decider, without considering the electoral malpractice in the Volta Region.