A contempt application filed against Dr. Kwadwo Afari-Gyan, Chairman of the Electoral Commission (EC) and six other officials, was on Thursday struck out by an Accra Fast Track High Court.
This follows the plaintiff's counsel, Mr. Ayikoi Otoo’s prayer to the court to withdraw the contempt application following some developments on Constitutional Instrument (CI) 73, which dealt with the creation of new constituencies entitled “Representation of People (Parliamentary Constituencies) Instrument 2012”.
CI 73 was withdrawn by Parliament on Wednesday, August 15. It was however amended and put before Parliament for consideration on the same day.
Mr. Otoo said since CI 73 had been withdrawn in Parliament, they would also withdraw the contempt application and come back with a new one.
Mr. James Quashie-Idun, who represented the EC and six other officials in court, vehemently opposed the withdrawal, saying he would pray the court to award cost against the plaintiffs namely Richard Odum Bortier and Daniel Quaye.
He said the court should not grant Mr. Otoo’s application because they were at another court for a ruling on a stay of proceedings filed by the EC, adding, with the outcome of the said ruling, there would be no need for withdrawal of the application.
The court presided over by Mr. Justice Edward Amoako Asante declined to award cost, saying it was a constitutional matter.
“The application is struck out as withdrawn,” the court ruled.
Dr. Afari-Gyan and six others were accused of ignoring a writ, statement of claim, entry of appearance, motion to stay proceedings together with its affidavit and went ahead with the demarcation of new constituencies.
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