General News of Friday, 10 May 2002

Source: gna

Court bar confirmation of Bawku District Chief Executive

A Bolgatanga High Court presided by Mr Justice Gilbert Mensah Quaye, on Friday placed an interim injunction order in favour of four people seeking to debar Mr Abdul Rhaman Gumah, the President's nominee for Bawku East District from being confirmed as District Chief Executive.

The suit seeking the injunction was applied for barely two days left for Mr Gumah to be confirmed as the substantive DCE by a decision taken by the Standing Committee of the assembly. The court upon the consent of both counsels adjourned the case to 17 May for hearing. Those seeking the injunction are Mahamadu Abdulai, Musah Ibrahim, Ali Sako Dubure and Ibrahim Ayamdogo.

The Electoral Commission (EC) had earlier declared Mr Gumah eligible to contest a second round election or be confirmed as DCE after several contentions and litigations about his eligibility. Mr John Ndebugre a private legal practitioner, is counsel for the plaintiffs, while the EC and Mr Gumah are being represented by Lyns Quarshie Idun and Company. However, Mr Emmil Musah, a Tamale-based lawyer appeared for the defendants.

Earlier, Mr Ndebugre contended that it was a matter of a constitutional provision that each district have a DCE, but in a proper and legal manner, he added that his clients' claims were therefore, genuine. He said he did not hold any reservations on a date decided by his opponent for hearing, provided the court granted his clients request to order the defendants not to proceed to organise any election or confirm Mr. Gumah.

On his part, Mr Musah acknowledged that plaintiffs had made remarkable constitutional claims and added that they were not applicable, had no substance and were not connected to the case before the court. He added that his client was served the notice rather late and appealed to the court for a date for both parties to start their motions.

Justice Quaye said the substantive claim in the matter by the Electoral Commission was just about the same as the injunction being sought by the plaintiffs. He urged them to come early on the hearing day to consider the fate of the application and the purpose of the import of the injunction.