A Sekondi High Court has dismissed an application by counsel for Joe Ghartey, that the application filed by the National Democratic Congress (NDC) Parliamentary Candidate for Essikado-Ketan, Prof. Dr. Grace Ayensu-Danquah should not be entertained by the court.
The court, presided by Dr Richmond Osei-Hwere, ruled that the case was lawful and would, therefore, travel its full course. It awarded cost of GHc4,000 against the second respondent, Mr Ghartey.
Last Tuesday, Justice Osei-Hwere adjourned the election petition filed by the National Democratic Congress (NDC) Parliamentary Candidate for Essikado-Ketan in the 2020 elections, Prof. Dr. Grace Ayensu-Danquah challenging the results declared by the Electoral Commission (EC) of Ghana.
In her petition,she claimed that the declaration of the parliamentary elections result in the Essikado-Ketan concstitunecy on December 7, 2020,was not valid and had no legal effect, and, that, the EC should organise a re-run of the said election.
But, Mr Frank Davies, counsel for Joe Ghartey, second respondent and the incumbent Member of Parliament, prayed that the court to strike out the petition on the grounds that the petition ought to have been signed by the petitioner, Dr Grace Ayensu-Danquah (herself) and not her counsel, Mr. David Kwadzo Ametefe.
He also described that action of the petitioner as an abuse court processes. However, in his ruling, Justice Dr Osei-Hwere noted the arguments of counsel for petitioner that the second responded failed to show to court that the petition was an abuse of the court .
Citing Article 99 of the Constitution and rules of the court, he noted that the High Court was clothed with the powers to adjudicate on every election petition before it and added that although, section 16 of PNDCL 284 gave no
clarity as to who signs a petition, the court would examine the matter within other situations. According to Justice Osei-Hwere, section 17 and 21 of PNDC L 284, clearly clothed counsel with capacity signs a petition in a parliamentary elections, adding, the “Lawyer is clothed with the capacity to present the petition and that he was not in breach of the law.”
The judge indicated that legislation did not stand alone and that all the necessary statutory provisions and an interpretation of the law including PNDC L 284 and Order of Court particularly Order 65, Rule 6 section (C) could be aligned in the determination of matter similar to the case before the court.
Justice Osei-Hwere again noted that the petitioner signed the affidavit whiles the lawyer signed the petition, indicating the name and address of the petitioner and that of the respondents and also stating the nature of the reliefs being
“The affidavit was signed by the petitioner and her counsel signed the petition
ans she did not err. The application is dismissed.” he stressed.
Source: Ghana|Ghananest.com|Matthew Dadzie