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General News of Tuesday, 29 April 1997

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Court Dismisses Writ Against Ibrahim Adam

Tamale A tamale High court today dismissed a petition by Mr Mohammed Abubakar Sadique, defeated candidate of the People's Convention Party (PCP) against the election. Mr Ibrahim Adam as member of parliament for Tamale Choggu/Tishegu constituency. The court presided over by Dr Justice J.K. Ebiasiah awarded 150,000 cedis cost against Mr Sadique. The court held that Sadique failed to file his petition within the stipulated period of 21 days under PNDCL 284. Mr Sadique filed the petition on January 21, 1997 seeking nullification of the election results following his defeat in last December seven election. In exercise of its constitutional and legal power, Dr Justice Ebiasah said the court was dismissing the petition as "unmeritorous and of no legal basis whatsoever." The court accordingly declared that Mr Ibrahim Adam was duly elected a member of parliament for choggu/Tinshegu. Among the reliefs sought, Mr Sadique prayed the court to declare that the candidature and election of Mr Adam as MP contravened article 94 of the 1992 constitution. Instead the court should declare him, the applicant duly elected. In a counter motion filed on February 20 Mr Adam asked the court to set aside the petition citing three reasons. That the petition was filed out of time, that it should have been signed by the petitioner himself and no other person and that there should have been a supporting affidavit verifying the facts in the petition. Dr Justice Ebiasah however dismissed respondent's argument that Mr Sadique must necessarily have signed the petition himself saying he was under no compulsion to do so.