Big Blow To NDC

Baba Jamal�s desire to stop the re-run of parliamentary election at only six polling stations in the Akwatia constituency has suffered a serious setback after five Supreme Court Judges yesterday unanimously dismissed his request and ruled that the Electoral Commission (EC) goes ahead with the polls. The court presided over by Justice William Atuguba also ruled that the Koforidua High Court Judge who placed an injunction restraining the EC from holding elections at only six polling stations in the constituency and declaring the winner, did not have the power to do so. In a ruling read by Justices Atuguba and Jones Dotse, they quashed the decision of the High Court, describing the action of the judge as wrongful assumption of jurisdiction. According to them, the action brought by the National Democratic Congress (NDC) parliamentary candidate, Baba Jamal and two others, amounted to an electoral dispute and therefore a petition should have been filed instead of a writ, adding that they may have been right but the procedure followed was wrong. This was after Dr. Kofi Asare, the New Patriotic Party (NPP) parliamentary candidate for Akwatia in the 2008 elections, had sought the intervention of the Supreme Court when the Koforidua High Court threw out his application and that of the EC, seeking to nullify the writ by Baba Jamal, Basil Ahiable and Samuel Abrokwah, who wanted the High Court to order fresh elections to be held in the entire constituency. Dr. Asare, who is said to be leading by over 2,000 votes, wanted the Supreme Court to quash the decision of Justice Surrebareh because according to him, the judge erred in the face of the law. Baba Jamal and the two others, amidst allegations of massive electoral fraud, irregularities and violence, quickly filed a writ at the High Court in the Eastern Region to compel the EC to hold fresh elections. The EC and Dr. Asare also filed an application seeking to nullify the writ, but the judge restrained the EC from holding elections in the six polling stations and stopped the commission from declaring the winner before going ahead to award GH�500 against Dr. Asare. The other judges in the matter include Justice Julius Ansah, Rose Owusu and Baffoe-Bonnie. Supporters of both parties as well as the National Party Chairmen were in court yesterday to hear the outcome of the matter. Mr. Carlos de Souza represented Baba Jamal and the two others while Dr. Asare was represented by Mr. K. Amoako Adjei and Ms Fiona Asafo Agyei, with Mr. Quarshie Idun representing the EC. Baba Jamal�s counsel, after the ruling, said his client would appeal against it.