COURT RULES AGAINST OBJECTION (MIRROR, PAGE 40)

From Emmanuel Modey Ho

A Ho High Court, presided over by Justice Kofi Essel Mensah, has ruled against the preliminary objection in a case that seeks to challenge the parliamentary elections result at the Nkwanta-North Constituency in the Volta Region on December 7, 2008.
Counsel for the Electoral Commission (EC), Mr A. K. Dabi, is contending that the applicant, Dr Joseph Manboah Rockson, who was the parliamentary candidate of the National Democratic Congress (NDC), failed to comply with the mandatory provision of section18(1) of the PNDC Law 248.
The petition filed by Dr Rockson alleges corruption against the Member of Parliament for the area, Mr Joseph Nayan whom he alleged, gave money to voters in seven polling stations as inducement to vote for him in the December 2008 parliamentary election .
Mr Dabi contended that the petition was premature as it was against PNDC Law 248. According to him, the petition of Dr Rockson was filed on December 24, 2008 before the result of the parliamentary election was gazette on January 5, 2009.
He insisted that the court has no jurisdiction over the petition and so the case should be dismissed.
In his ruling, Justice Essel Mensah said that it was the result of the election in the Nkwanta North Constituency that was being challenged so the court has jurisdiction to hear it.
The judge said immediately after the result of the polling stations was released, the returning officer in the presence of the candidates and their representatives publicly declared Mr Nayan as the candidate who had won the election in compliance with the law. Therefore, the court has jurisdiction to hear it.
The MP was not in court so the court decided to serve a hearing notice to him and his counsel through the Clerk of Parliament. The case has been adjourned to September 14,2009.