Accra, Aug. 28, GNA - An Accra Fast Track High Court on Monday gave the green light to the Electoral Commission (EC) to open and use ballot boxes containing ballot papers of the 2000 Presidential Elections. This would make way for the EC to conduct the September 12 District Level Elections.

The Court in its ruling said though the District Level Election was not being run on partisan lines, any delay could bring about a volatile situation.

"The time between now and time scheduled for the elections is too short for the Electoral Commission to procure 21,000 ballot boxes," the Court said.

"Procuring 21,000 ballot boxes would also bring about financial imprudent and unnecessary burden on taxpayers' money."

However, the Court said, to ensure sanity of the elections and ensure that the ballot papers were not tampered with, "the ballot boxes shall be opened and contents be poured into a container, plastic or wooden boxes or sacks used by the postal services".

The Court further ruled that locking and sealing of the materials should be done in the open and in the presence of not more that two accredited representatives each from the various political parties.

In addition, a Senior Police Officer, representative from the Judiciary and another from the EC, should also take part. To ensure the safekeeping of the material, the Court declared that when it was packed and sealed, it should be deposited at a Court's registry, a rural bank, or a police station subject to the agreement of the all parties.

The EC on August 24, 2006 filed a motion on notice for variation of an injunction order seeking direction on where the ballot papers of the December 7, 2004 Elections should be kept after they had been removed from the ballot boxes.

The EC has in its custody ballot papers in some ballot boxes following a court injunction restraining it from destroying them pending the determination of the case.

The Commission said due to the extensive nature of the September 12 District Assembly Elections it would need the ballot boxes containing the papers.

It said it was seeking necessary directions from the Court as to where the ballot papers should be kept after they had been removed from the ballot boxes.

The EC in its supplementary affidavit in support of the motion said it had real need to use all the ballot boxes, which were used for the Presidential and Parliamentary elections for the September Elections. The Commission said it would need a total of 42,000 ballot boxes to conduct the Elections.

It said transparent ballot boxes were specially designed for public elections and it would be impossible for the Commission to obtain an alternate supply of those boxes for the District Elections. It suggested that sealed packets of ballot papers should be stored in any safe location as the Court might direct.

Mr Tony Lithur, who represented Mr Rojo Mettle Nunoo; Squadron Leader Clend Sowu (rtd) and Mr Kofi Portuphy, opposed to the motion. In an affidavit in opposition, Squadron Leader Sowu with the consent of his colleagues said if the application was granted, it would not only vary the injunction order of December 14, 2005 but also permit the EC to tamper with electoral material, which was the subject matter to the injunction order.

The affidavit drew the Court's attention to a referral of the same matter to the Supreme Court saying if the application were granted it could also undermine its outcome.

It noted that the application was vague and gave little detail about the real needs of the Commission saying it assumed that EC had "a right to tamper with the electoral material by removing the same from ballot boxes.

"The present suit touches on governance issues and, therefore, the integrity of the ballot boxes and other electoral material should be preserved in the manner dictated by the injunction order of December 14, 2005."

It said the EC should be able to make other arrangements for the District Level Elections so as not to undermine the sanctity of the initial order of the Court.

"It should have made alternative arrangements for the ballot boxes ahead of time. It cannot, therefore, use the District Level Election as an excuse to apply at this time for the variation of the injunction orders of December, 2005."