Court orders EC to provide album used in Walewale NPP election to plaintiff

The court presided over by Justice Richard Marc Kogyapwah, a Justice of the Court of Appeal who is sitting as an additional High Court Judge also ordered the EC to grant access to the material evidence used in the electoral process.

The orders followed an action initiated by Haija Lariba Zuwera Abudu, (Plaintiff) and former Minister for Gender, Children, and Social Protection a defeated Parliamentary aspirant.

Madam Abudu sued her opponent and winner, Dr. Kabiru Tia Mahama and the NPP.

The plaintiff’s claimed that over-voting and the participation of deceased delegates in the NPP poll were illegal. Thus, prayed to the court for nullification of the elections and order for a re-run.

However, during three Court sittings in Tamale, neither the first defendant, Dr. Kabiru Tia Mahama, nor his counsel appeared in court to move their motion filed against the plaintiff.

Petition

They further petitioned the Chief Justice, Justice Gertrude Araba Torkornoo against the trial judge, whom they alleged was biased, on August 1, when the Member of Parliament was seen at a function in the constituency with the trial judge, who was on official assignment in the constituency.

The allegation against the trial judge was dismissed, allowing the parties to move their motion.

Ruling

On August 7, 2024, the Court in its ruling upheld the plaintiff’s motion for access to the ballot box and the photo album used in the January 7, 2024 NPP Parliamentary Election and ordered the production of copies of the used register to be made available.

Justice Richard Marc Kogyapwah also ordered the registrar of the court to serve all defendants with the notice of hearing through electronic means like WhatsApp and other social mediums, and the second defendant’s home called Yizo House in Walewale (poster) and the notice board of the court before the start of the case management and possible trial on the 14th of August 2024.

During the court’s ruling on the motion, Wahidu was spotted with a Samsung phone recording the proceedings of the court without the court’s permission.

A female security official of the Ghana Police Service stationed at the court questioned his action and he threatened a female police officer, whose name was withheld, for demanding his Samsung phone.

The incident halted the proceeds of the court for 5 minutes. He was immediately arrested by police officers for a contemptuous act of the court.

In an interview with GHOne News after scrutinizing the photo album, counsel for the plaintiff, Sylvester Isang (ESQ), confirmed that there was double voting, voting by dead delegates, and thirdly, absentee delegates, among others.

“We are grateful to the court for granting us access to our material evidence, which we can confirm has been our suspicion. We shall present our findings to the court. We hope our other concerns will be granted,” counsel reiterated.

The case was adjourned to 14th August 2024 for case management and possible trial.

Source: Starrfmonline.com