Ghana: Supreme Court rules on March district level elections today

The Supreme Court will later this morning deliver a ruling on the suit challenging the legality of the March 3 district level elections.

A disqualified aspirant for the position of assemblyman in the Eyipeh Electoral Area in the Central Region, Benjamin Eyi Mensah has dragged the Electoral Commission to Court for failing to include him in the upcoming election.

According to his Lawyer, Alex Afenyo Markins, his client was prevented from filing his nomination even though the constitutional instrument governing the elections had not been passed.

Legal representatives for the Electoral Commission, the state and the plaintiff have engaged in heated debates since proceedings begun February 25.

Lawyer for the plaintiff, Alexander Afenyo Markins has insisted that the EC’s decision to open and close nominations when the CI 85 had not been passed is unlawful.

He told the court presided over by 7 justices including William Atuguba, Baffoe Bonnie and Sophia Akuffo that the ongoing process is null and void.

It has been a tough two days for legal counsel of the EC, Quashie Idun as the judges have challenged most of his arguments.

On the first day, Mr Idun quoted CI 75 but was immediately reminded by the judges that, that constitutional instrument deals only with presidential and parliamentary elections.

His decision to rely on CI 68 did not help either as the court drew his attention to the fact that it deals with unit committee elections.

At yesterday's sitting, Mr. Quarshie Idun abandoned those CI’s. He rather quoted section 11 of PNDC law 284. B According to him, the EC per that law is allowed to go ahead with the election without relying on CI 85, but the judges again, were not fully convinced.

The court was also not pleased with the oral submissions of the lawyer representing the state, which is the second defendant in the case, William Pobi. That is because Mr. Pobi again made reference to C1 75 in his argument.

The seven judges questioned whether the lawyers for the two defendants consulted before appearing before them. The judges also ordered a suspension of all Electoral Commission adverts on Tuesday’s polls.

Whatever the decision of the court would be today, analysts say, it will shape the conduct of district level elections in the future.

- http://www.myjoyonline.com