Court throws out Sam George's application against EC

The Tema High Court has dismissed an application seeking to restrain the Electoral Commission (EC) from hosting a workshop on the new voters register at the Escape Hotel at Prampram.

In its ruling, the court, presided over by Justice John Eugene Nyante Nyadu, held that the application was incompetent as it was filed without a statement of case.

The application was filed by the National Democratic Congress (NDC) Member of Parliament (MP) for Ningo-Prampram, Mr Sam Nartey George

Sam George’s case

It was the argument of Mr George that the EC would be breaching the ban against public and social gathering imposed by the President to curb the spread of coronavirus disease (COVID-19) if it went ahead with the said meeting.

Mr George filed his case on April 24, 2020 and secured an interim injunction against the workshop effective from April 24, 2020 to April 27, 2020.

However, as of Thursday, May 28, 2020, the applicant had not filed his statement of case

Incompetent application

Making a case against the application, counsel for the EC, Mr Justin Amenuvor, submitted that the application before the court was incompetent because it was filed without a statement of case as stipulated under Order 55 of the High Court (Civil Procedure Rules) C.I 47.

He argued that per the rule, a statement of case should have been filed within 14 days after the MP filed his case.

Counsel, therefore, urged the court to dismiss the case and award cost of Gh¢ 10,000 against the MP

The court in its ruling upheld the argument of the EC and accordingly dismissed the application.

“The originating motion on notice for Judicial Review filed on April 24 is hereby struck out for it being incompetent,” the court held.

Justice Nyadu further awarded cost of GH¢6,000 against Mr George.