Ghana’ Supreme Court rules against ballot re-count

The Supreme Court on Tuesday stopped the re-count of the ballot papers in the Bawku Central Constituency in the December 7 elections.

This followed an order of certiorari filed by Nana Akufo Addo, counsel for Madam Hawa Yakubu, the New Patriotic Party (NPP) candidate who was declared winner of the seat. The suit asked the court to quash a Bolgatanga High Court order for the re-count and collation of the ballot papers.

The Supreme Court, presided over by Mr Justice E.K. Wiredu awarded 1.5 million cedis cost against the respondent, Hajia Fati Seidu, the National Democratic Congress (NDC) candidate.

The court deferred reasons for its ruling to Wednesday January 24. After the Electoral Commission (EC) had declared the results of the election, Hajia Seidu filed a petition at the Bolgatanga High Court challenging them.

When the case came up for hearing, Mr Justice Gilbert Mensah Quaye, ordered the re-count, but before the order could be carried out Madam Yakubu sought the Supreme Court's order to quash the high court's decision.

In the circumstances, Mr Justice Quaye adjourned the case "sine die" saying the Supreme Court's order supersedes his. He, however, ordered that the ballot boxes be kept at the offices of the EC at Bolgatanga under a 24-hour surveillance by the police.

In his submission, Nana Akufo Addo said the petitioner in the high court case failed to serve his client, who was only informed by party agents in Bolgatanga.

He said the decision by the High Court to proceed with the hearing without his client is a "flagrant breach of the rules of natural justice." Nana Akufo Addo said the petition was premature, as it should be filed 21 days after the EC had published the results in the gazette.

The court was, therefore, "not clothed with jurisdiction to hear it," he said, adding, "the proceedings and the order of the court are thus a nullity." He, therefore, urged the court to set aside the proceedings and orders of the high court.

Nana Akufo Addo argued that the petition does not make any allegation of corrupt practice against his client neither does it specifically allege the payment of money or other award.

The petition, he said, is therefore "caught squarely by the prescription in section 18(1) of PNDC Law 284". The law, he said, states that an election petition of the nature filed by Hajia Seidu ought to be done within 21 days after the date of the publication of the election results in the gazette.

He explained that as at the time of the filing of the petition on December 28 the EC had not published the results of the Bawku Central Constituency in the gazette making the petition premature. Nana Akufo Addo argued that since the power of the High Court to hear election petitions is expressly governed by statute as stated in section 16 of PNDC Law 284, its jurisdiction could only be properly invoked as provided for in section 18(1) of that same Law.

"A petition that is brought outside the time frame indicated in section 18(1) cannot clothe the High Court with jurisdiction, and the hearing of any such petition will result in the proceedings and any ruling and orders made there under being declared a nullity."

Mr Kwaku Baah counsel for Hajia Seidu said he was not opposing the application, and therefore contended that the directives by the court will help solve the matter. "We are asking for your ruling on the matter to guide everybody," Mr Baah told the court. Mr. Johnny Quarshie-Idun, Counsel for the EC, said they are relieved by Mr Baah's position.

Other members of the panel were Mr Justice George Acquah, Mr Justice E.D.K. Adjabeng and Mr Justice William Atuguba. The rest were Mr Justice George Lamptey, Mr Justice Kwame Adzoe and Ms Justice Sophia Akuffo.