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NDC gurus lose to EC in Supreme Court

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court_hammer.jpgThe Supreme Court by unanimous decision on Thursday ruled that the
Electoral Commission of Ghana acted within the constitution when it
declared Mr John Agyekum Kufour of the New Patriotic Party (NPP) as the
winner of the December 7, 2004 elections.

The court also ruled that even though the action of the plaintiffs was valid, the challenge of the result failed on its merit.

Justice
Sophia Akuffo who presided said the court had dealt with greater part
of the case and that there was nothing more to be done.

Other
members on the panel were Mr Justice Allan Brobbey, Mr Justice Darte-
Baah, Mrs Sophia Adinyirah and Mr Justice Julius Ansah.

In
2006, three NDC members Mr Rojo Mettle Nunoo, Mr Clend Sowu and Mr Kofi
Portuphy commenced legal action seeking an order of the court
restraining the EC and its agents from destroying elections documents
and materials, pending the final determination of the suit.

The
court said the claims sought by the plaintiffs for the EC to publish
the results from 230 constituencies was not necessary since the EC at
the various polling stations declared the results certified by
representatives of the various political parties.

It
said the contention by plaintiffs that the EC had not declared the full
and complete results could not be supported because the EC fully
discharged its constitutional duties when it declared and gazetted the
results.

The case of the plaintiffs was that at the
time the Chairman of the EC, Dr Kwadwo Afari-Gyan declared the
incumbent President winner of the presidential polls, it did not base
its declaration on the total results from 230 constituencies of the
country, since only those from 225 constituencies were used.

Additionally,
the plaintiffs claimed that the defendant on the following day held a
press conference and basing its declarations on total results from 227
out of the 230 constituencies, declared the incumbent president, winner
of the polls.

Plaintiffs contended that the results at
the time should have been declared as provisional, until all results
from the 230 constituencies were collated.

"Up to date
of instituting the present suit, the defendant has not declared the
full and complete results of the Presidential Elections of December 7,
2004", the statement of claim pointed out.

Plaintiffs
argued that the collation and declaration of election results in a
transparent manner and in time formed an integral part of the
constitutional duty of the defendant, mandated under the laws of the
country to conduct and supervise all public elections and referenda in
Ghana.

Source: GNA

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