Amoo's Case - Judgement 27 Nov.

Accra,(Greater Accra) 3 Nov. Judgement in a case in which the New Patriotic Party (NPP) candidate for Ayawaso West Wuogon Constituency is asking a High Court to quash the results of the last December elections has been slated for November 27. The court presided over by Mrs. Agnes Dordzie, gave the date after counsel for the parties involved have completed their submissions. Mr. George Amoo, the NPP candidate and applicant in the case, in May, this year, filed an application of certiorari and mandamus asking the court to quash the results which, according to him, were not properly declared because of errors in the collation of votes declared in all the polling stations. The Electoral Commission (EC) and Mrs. Rebecca Adotey, the NDC member of Parliament for the constituency are the respondents. Mr. Samuel Cudjoe, counsel for Mrs. Adotey completed his submissions today. Mr. Johnny Quashie-Idun, counsel for the EC and Mr. Peter Ala Adjetey, attorney for Mr. Amoo completed theirs last Friday, October 31. Mr. Cudjoe said the applicant could question the results declared in the constituency only through a petition and not rpt not by a certiorari and mandamus. Counsel explained that certiorari applies where there is an excess of a breach of natural justice or an error of law, adding that the action taken by the applicant is not under any of these. He contended that under the PNDC Law 284, an aggrieved person could seek redress through a petition within 21 days at a High Court in addition to payment of 20,000 cedis as a security fee. Counsel said, the applicant lost the petition and later appealed against the decision of the court which ruled that the fee was paid out of time. Mr. Cudjoe argued that since the appeal had not been determined, the applicant could not come by the certiorari on a matter which is pending before an appeal court. Counsel quoted legal authorities to buttress his argument and said "the application for certiorari are common law remedies '' and that the PNDC Law 284 is a statutory law which takes precedence over statutory law. Mr. Cudjoe said after 21 days of publishing the name of a winner of a parliamentary election in a gazette, the name could not be changed.