Court strikes out petition filed by Kojo Smith

Thursday, February 12, 2009 (Page 48)

THE Accra Fast Track High Court today struck out the a petition filed by the NPP Parliamentary candidate for the Ablekuma South Constituency in the December 2008 polls, Mr Francis Kojo Sackey-Smith which prayed the court to restrain Mr Fritz Baffour from holding himself as MP of the constituency.
Mr Sackey-Smith had also prayed the court to declare the results announced by the EC which gave Mr Fritz Baffour victory in the election as null and void.
Other respondents in the petition were the Electoral Commission and the returning officer referred to as Atiso.
However, the court, presided over by Mr Justice K. A. Ofori-Atta, dismissed the petition on the grounds that the petitioner did not pay security for cost.
Security for cost is an amount deposited in court as guarantee in the event cost is awarded in favour of the defendant (Mr Baffour).
At the court’s sitting in Accra today, counsel for the respondent, Mr Samuel Cudjoe, told the court that although, the petitioner filed the petition within the 21-day permitted period after the gazette of the election results, he did not pay for the security cost.
However, counsel for the petitioner said the court did not determine the amount to be paid by Mr Sackey-Smith.
Replying, counsel for the Electoral Commission, Mr James Idun, said Mr Sackey-Smith should have applied to the court for the amount to be determined but he failed to do so.
The court acordingly struck out the petition but declined to award cost against Mr Sackey-Smith.
Other reliefs being sought by the aggrieved parliamentary candidate in the petition included a recount of ballot and a declaration that he was the true winner of the election.
Mr Sackey-Smith had earlier filed a writ at the court but later withdrew it as a result of procedural flaws.
In the new petition filed on Tuesday, January 6, 2009, Mr Sackey-Smith catalogued a series of irregularities which he said gave credence to his challenge of the results.