GH - LUGUTERAH v. THE INTERIM ELECTORAL COMMISSIONER

JUDGMENT OF KINGSLEY-NYINAH J

This is an application at the instance of the plaintiff,"praying for an order for interim injunction to restrain the defendant, his agents and servants from holding a parliamentary election in the Chiana-Paga constituency pending the hearing and determination of the suit herein."

In the substantive action upon which this instant motion is based, the plaintiff's claim against the defendant is for:

"(a) A declaration that he be declared elected member of Parliament for Chiana-Paga constituency.

(b) An injunction against the defendant, from holding an election in the Chiana-Paga Constituency pending the dissolution of Parliament."

The plaintiff's action is well founded for, article 76 (1) of the Constitution, 1969, provides that:

"76. (1) The High Court of Justice shall have jurisdiction to hear and determine any question whether

(a) any person has been validly elected as member of the National Assembly or the seat of any member has become vacant."

While the plaintiff's action now remains pending and unheard, he has very properly filed this instant and restrictive application geared towards the preservation, in statu quo, of a certain state of affairs until a final pronouncement is made as to the rights of the parties to the plaintiff's suit numbered 135/70. The following is the state of affairs the applicant seeks an order to preserve.

After the last general election of 29 August 1969 won by the applicant's rival candidate, Mr. C. K. Tedam, the applicant instituted proceedings by way of an election petition before the High Court, Tamale, challenging the results of the said general election (in which he lost) as published in Gazette No. 91, of 19 September 1969. The applicant subsequently amended his petition for a further declaration by the High Court, Tamale, that he be pronounced the winner in the Chiana-Paga constituency in the general election of 29 August 1969, because at the time of that election his opponent, the said Mr. C. K. Tedam, was disqualified under the Political Parties Decree, 1969 (N.L.C.D. 345), para. 17 (as amended by the Political Parties (Amendment) Decree, 1969 (N.L.C.D. 347).

The action before the High Court, Tamale, was held in purposeful abeyance to abide the outcome of another action instituted in the Court of Appeal (sitting as the Supreme Court) by a Mr. Abu Jonas Osman against the very same Mr. C. K. Tedam, the plaintiff, there seeking a declaration that by reason of Mr. C. K. Tedam being