LUGUTERAH v. THE INTERIM ELECTORAL COMMISSIONER

KINGSLEY‑NYINAH J of the High Court addressed an interlocutory motion by A. A. Luguterah seeking to restrain the interim electoral commissioner from conducting a by‑election in the Chiana‑Paga constituency pending his suit. Luguterah argued that, because Clement Kubindiwo Tedam was later adjudged disqualified in Osman v. Tedam under article 71(2)(k) and the Political Parties Decrees, Luguterah should be declared elected as the runner‑up from the 29 August 1969 general election without a fresh poll. The court rejected this, holding that Tedam’s disqualification vitiated the entire election, not merely the winning tally, and that the Constitution mandates a by‑election within thirty days of a vacancy. It emphasized that electoral choices belong to the electorate, not the courts, and noted Luguterah had filed nomination papers, evidencing acceptance of the vacancy and the commissioner’s authority. Finding no irreparable harm and potential hardship to the constituency, the court refused the injunction and allowed the by‑election to proceed.