General News of Wednesday, 5 November 1997

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Ayawaso Wuogon Election Results

The High Court in Accra will give its verdict on the Ayawaso Wuogon Constituency Electoral case on 27 November. This was announced by the Presiding Judge, Mrs., Justice Agnes Dordzie, after Counsel completed their submissions on 3 November. In the case, the NPP Parliamentary candidate in the last general elections, Mr. George Amoo is seeking an order from the Court to quash the Electoral Commission's declaration of Mrs.. Rebecca Adotey, as the winner and MP for the Constituency. Among the arguments advanced by Mr.. Peter Ala Adjetey, Counsel for Mr.. Amoo, was that the procedure adopted in declaring the winner was against the rule of law and fundamental principle of justice. He said the procedure was also contrary to the terms of the Electoral law that currently controls the conduct of elections and since the Electoral Commission did not comply with the mandatory requirements of law, the result should be quashed. It was the contention of Counsel for the Electoral Commission, Mr.. Johnny Quarshie-Idun, that the error committed by the EC was an administrative one but in accordance with the law, the EC is not a self-correcting organisation. According to Mr.. Quarshie-Idun, the law does not allow the EC to amend its results published and gazetted. He said the issue of either amendment or correction of results after publication by the EC is left with the general provisions of the law. Counsel said to correct an electoral error, the method is stipulated by PNDC Law 284 and any other method like certiorari and mandamus would be unjustified and illegal. Counsel for Mrs..Rebecca Adotey expressed similar sentiments. He said the suit is statute-barred because the law allows only 21 days after the publication of the results, within which any challenge could be made against the result so declared. Counsel argued that the plaintiff has an appeal pending before the courts on the same issue and should not be allowed to run parallel proceedings before the courts,. He added that if the application is granted it will open the flood-gates for unlimited electoral litigations.