Court declares Bawku East local elections null and void

Bolgatanga (Upper East) -- A High Court at Bolgatanga presided over by Justice Gilbert Mensah Quaye, on Friday declared the 17 May, 2001 elections of the Bawku East district assembly to confirm the president's nominee, Mr. Rhaman Gumah as District Chief Executive (DCE) as null and void. Passing judgement, Justice Quaye said Mr. Gumah was still eligible for a first ballot for his confirmation provided the president would retain his nomination.

The High Court Judge dismissed the writ filed by four people seeking the court's order to perpetual injunction restraining Mr. Gumah from holding himself as the president's nominee and another injunction restraining the Electoral Commission (EC) from conducting any election in connection with the confirmation of the president's nominee.

The writ further sought the court's order to direct the EC to formally report to the president that Mr.Gumah pulled 50 per cent of the votes cast at the said election, and that by operation of the law there was no one to be considered for approval for the post of DCE for the Bawku East district. The Court awarded 10 million cedis cost against the plaintiffs and they were asked to pay 1.5 million and one million cedis each to Mr Gumah and the EC respectively.

Justice Quaye said it was not the duty of Mr Gumah neither to organise a meeting of the assembly nor to conduct any elections, adding that those functions were reserved statutorily for the presiding member, the district co-ordinating director and the secretary to the assembly.

He said evidences indicated that since the 17 May, 2001 election and in spite of the absence of tension and disturbances in the Bawku East area, a whole skyline of the district was and still is decorated in a wide but brilliant array of petitions and court actions.'' Justice Quaye held that under the prevailing circumstances the 10 days limitation could not be invoked in the instances of Mr. Gumah.

"He is still eligible for a second ballot within 10 days after this case has been determined, provided there are no fresh writs, petitions and the like," he declared. The High Court Judge said the decision to annul the elections, stems from the fact that there were confirmed and established evidences that proxy votes were allowed and in fact cast, which constituted an illegal as well as irregular act under the country's electoral laws.

Justice Quaye cited article 49 (1) and 51 of the 1992 constitution, which states that voting must be by secret ballot and grants the EC the power to make regulations for the effective performance of its functions by constitutional amendment. He added that the model standing order 16 (6) confirms secret balloting and further provides only that only members present shall cast ballot.

The High Court Judge further cited article 243 (1), local government Act 1993 act 462 and order 16 rule seven, eight and 10 of the model standing orders as conditions common to the said provisions in the phrase "present and voting." Those who sought the court's intervention included Mahamadu Abdulai, Musah Ibrahim, Ali Sako Dubure and Ibrahim Auamdogo.