Supreme Court halts District Assembly Elections

Graphic.com.gh Feb - 27 - 2015 , 12:53

The Supreme Court has stopped the Electoral Commission from conducting the District Assembly Elections on Tuesday March 3.

The process is to start afresh reports Graphiconline's Court Correspondent, Mabel Aku Banaseh.

This means that the EC would have to open nominations afresh and Assembly Member aspirants would have to re-apply.

A Winneba based fisherman, Benjamin Eyi Mensah went to court to challenge his disqualification based on a new law which came into force after the commission closed nominations.

According to the plaintiff, he was denied an opportunity to file his nomination despite meeting all conditions to be registered as a candidate because the EC closed nomination before the maturity of the Constitutional Instrument (C.I. 85) which gives grounding for the elections.

He argued that the EC had breached the constitution because there was no law which allowed for nominations to be opened and closed for district assembly elections.

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The Supreme Court in ruling on the case on Friday afternoon, four days to the planned elections unanimously declared that it was "unconstitutional" and that the elections should be cancelled and the Electoral Commission should re-open the nominations.

Counsel for the plaintiff Alexander Afenyo Markin after the ruling told journalists that it was a great joy for him personally and his client was very happy.

“We have once again demonstrated in our country that rule of law works. It cannot be taken lightly when a constitution makes a provision and a constitutional body decides to act ultra vires of the constitution.

“I said it time without number that when the matter came before the House [Parliament] that the conduct of the Electoral Commission was inconsistent with the constitution.

He said there were certain issues of C.I. 78 that is what the Supreme Court said it was a non exisiting CI and when counsel of EC was asked he said didn’t know of any C.I. 78

He said the C.I. 85 which was the law fortifying the elections came into force and there was no existing law at the time nominations was opened.