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UE: EC to testify in ongoing contentious Pusiga Seat

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The Electoral Commission of Ghana has been directed by a Bolgatanga High Court to mount the witness box in the ongoing contentious Pusiga seat in the Upper East Region.

The New Patriotic Party (NPP) headed to court after the 2020 general elections citing some irregularities at some polling stations in the Pusiga Constituency that led to Hajia Lardi Ayamba of the National Democratic Congress (NDC) winning the seat.

The winning difference between both party’s was 63 votes with over 1600 rejected ballots.

The Petitioner who is the Parliamentary Candidate of the NPP in the 2020 general election, Abdul Karim Zanni Dubiure seeks a declaratory judgment that the EC erred when it declared Laadi Ayi Ayamba elected Member of Parliament for Pusiga Constituency and an order annulling the results of five polling stations.

The polling stations in contention in court are; Pusiga Dispensary,Terago Clinic,Teshie Nating Primary,Kayinchigu and Laatega polling stations.

The petitioner gave evidence in support of his claims with evidence of all documents which the court has been asked to consider as part of his petition. The petitioner is alleging over voting and testified that it affected the outcome of Parliamentary elections conducted on the 7th of December 2020.

He is therefore seeking an order annulling the results of the said polling stations which in view of irregularities, renders and makes the Pusiga Parliamentatrt results illegitimate.

Counsel for the embattled NDC MP, Godwin Tamakloe maintains that the cross examination of the petitioner disposes all claims against the MP . Lawyer Tamakloe in the previous court proceedings argued that there was no case that 2nd Respondent ought to be called to open a defence and call witnesses.

Mr. Tamakloe relied on the Supreme Courts ruling in the 2020 elections petition.

The Bolgatanga High Court Suprintendant by His Lordship Charles A. Wilson granted the NDC’s application to close it’s case for address but stated that ” For the purpose of the 1st Respondent (EC) two matters are essential for consideration. The question is not only whether the petitioner will prevail in this action, but also, whether the 1st Respondent is, Electoral Commission is entitled to offer evidence against the petitioners allegations. In answering these questions, the court assumes that petitioners allegations are true and draws all reasonable inference in the petitioner’s favor”.

The Judge added that ” Now since the 1st Electoral Commission is repudiating the challenge and complain, then I am of the view that the 1st Respendent must necessarily give a statement in court to explain the alleged irregularities. The 1st Respondent has a duty to adduce evidence relevant to its own case cannot substitute its position for that of the 2nd Respondent”.

Citing section 16 of PNDC Law 284 , His Lordship Charles A.Wilson said though the EC is an independent body,it does not remove it from the ambit of Article 99(1) of the 1992 Constitution.

The case has been adjourned to 12 November.

Lawyer Anthony Namoo and Sulley Sambian represented the Petitioner, Emmanuel Addae for EC and Dominic Ayine and Godwin Tamakloe for Laadi Ayi Ayamba .

A1Radioonline.com|101.1MHz| Samuel Mbura|Ghana

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