Let Your Ruling Be Based On The Constitution - Counsel Tells Judge

Accra, (Greater Accra) 31 Oct., A legal practitioner today urged an Accra High Court to ensure that whatever ruling it gives in the case in which the New Patriotic Party (NPP) candidate for Ayawaso West Wuogon Constituency is asking it to quash the results of the last December elections, is in accordance with the law. Mr. Johnny Quashie-Idun, counsel for the Electoral Commission (EC), said this when he completed his two-day submissions before an Accra High Court. Mr. George Amoo, the NPP parliamentary candidate has filed a motion of certiorari and mandamus against the results declared in the constituency by the EC in the 1996 general elections. Counsel stressed that PNDC Law 284 from which the EC derives its powers, has provisions by which an aggrieved person can seek redress through a petition within 21 days at a High Court. He said the law does not make any mention of any prohibitive rights such as mandamus or certiorari. In view of this, counsel emphasised that the applicant could only avail himself of the provisions as stipulated under PNDC Law 284. Mr. Quashie-Idun said the EC had admitted that there were administrative errors in the counting of the votes cast at the constituency and that ''the results declared and published should not be equated to a decision''. Counsel explained that the results declared by the EC in the constituency were subject to the provisions of the law. The court presided over by Mrs. Agnes Dordzie, adjourned the case to Monday, November three to enable counsel for Mrs. Rebecca Adotey, the NDC Member of Parliament for the constituency, to make his submissions.