High Court Starts Hearing Amoo's Case

Accra, (Greater Accra) 30 Oct., A High Court in Accra, today started hearing a motion of certiorari and mandamus filed by Mr. George Amoo, the New Patriotic Party (NPP) candidate for Ayawaso West Wuogon Constituency against the Electoral Commission (EC) and the Member of Parliament (MP) for the area, Mrs Rebecca Adotey. The court which was supposed to rule on whether or not it should hear the case because of preliminary objection of stay of proceedings could not do so. Mrs. Justice Agnes Dordzie who is presiding over the case did not give any reasons. The ruling would have been in respect of a preliminary objection of stay of proceedings raised by Mr. Samuel Kudjo, counsel for Mrs. Adotey to the application for certiorari. Mr. Kudjo on October 21, contended that a High Court in Accra had dismissed a petition filed in January this year, by Mr. Amoo against the results declared on the grounds that the petition was filed without payment of 20,000 cedis as deposit fee within the stipulated time. Counsel said Mr. Amoo appealed against the court's decision and that since the appeal is still pending, it is necessary for the High Court to stay proceedings in the substantive matter until the appeal was determined. In his submission Mr. Peter Ala Adjetey, counsel for Mr. Amoo, said all that his client wanted the court to do was to declare that the EC did not comply with provisions of the law governing general elections in the constituency. Counsel said Mr. Amoo's complaint was legitimate because as a citizen of Ghana, he had the right to question the function of the EC which was not properly exercised. Mr. Adjetey said since the EC had admitted that there were errors, there was the need for his client to question the validity of the results declared and seek redress. Counsel said Mr. Amoo was not asking the court to declare a winner. He wanted the results to be set aside and when this was done there would be no results declared in that constituency. Mr. Adjetey said Article 23 of the constitution which deals with administrative justice, requires administrative bodies and officials to act fairly and reasonably and comply with the requirements imposed on them. If that is not done persons who are aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a court or other tribunal, counsel contended. Replying, Mr. Johnny Quashie-Idun, counsel for the EC, said his client had admitted there were administrative errors but those errors should not be stretched too far to affect the work of the EC. He said the EC was not a self-correcting organisation and that it had no power to amend results published. Counsel said the matter was very important not only to Mr. Amoo and Mrs. Adotey but to the EC which was responsible for organising future elections. Mr. Quashie-Idun said it would be unsafe for the court to ignore the provisions of the Representative of Peoples Law and PNDC Law 284 which allow 21 days for an aggrieved person to petition to a High Court than grant the certiorari. Counsel said ''we must try to resist the temptation of applying a method not proper in law to rectify the administrative errors committed by the EC''. Counsel said Mr. Amoo's motion was not different from the petition which he made and lost at a High Court and that the motion must be dismissed. Mr. Quashie-Idun continues his submissions tomorrow.