April 8, 2009
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court, per Dr. S. K. Date‑Bah JSC writing for a unanimous panel, exercised supervisory jurisdiction to quash a ruling of the Sunyani High Court (Opoku J.) and prohibit further hearing of an election petition concerning the Asutifi South parliamentary contest. The petition by NPP candidate Yiadom Boakye‑Boateng alleged tampering with two ballot boxes from Twabidi No. 1 and No. 2, sought either discounting those boxes or annulment with fresh elections, and moved to restrain the Electoral Commission from declaring results. The High Court had assumed jurisdiction on the basis that the corrupt‑practice limb of section 18(1) of PNDCL 284 allowed immediate presentation. The Supreme Court held that, properly construed together with sections 19 and 20 and the phrase “the person whose election is questioned,” election petitions can only be brought after declaration; therefore, the petition was premature, certiorari was granted, and prohibition issued.
R U L I N G
DR. DATE-BAH JSC:- UNANIMOUS RULING
This case raises an important issue of jurisdiction in relation to election petitions. It is this: does the High Court have jurisdiction to entertain any election petition under the Representation of the People Law 1992 (PNDCL 284) before the Electoral Commission has declared the results of that election?
The facts
Before we provide an answer to this question, let me set out the material facts of this case. This is an application by Alhaji Collins Dauda, the Parliamentary candidate for the National Democratic Congress for the Asutifi South Constituency in the Brong Ahafo Region. The application seeks to invoke the supervisory jurisdiction of this Court to quash, by an order of certiorari, the ruling of His Lordship Justice Francis Kwabena Opoku of the Sunyani High Court, dated 6th January 2009, and to prohibit the said learned judge from going on with the suit number C11/01/09, intituled: The NPP Parliamentary Candidate, Yiadom Boakye-Boateng v 1. The Electoral Commissioner Per the Chairman Through the Regional Director, B/A Region 2.The NDC Parliamentary Candidate, Alhaji Collins Dauda 3. The District Electoral Officer, Asutifi District.
The ruling complained of was made in a suit brought by Mr. Yiadom Boakye-Boateng, the NPP Parliamentary candidate for the Asutifi South Constituency. He presented an election petition to the High Court, Sunyani, on 16th December 2008, complaining that the election results in his constituency had been tampered with and praying the court either to discount two ballot boxes, whose post-ballot custody and transmission arrangements to the collation centre, the petitioner maintained, left much to be desired, and declare the winner, or to annul the entire Parliamentary results of the constituency and order fresh Parliamentary elections. The petitioner on the same day as he filed his original petition filed an amended petition which spells out the petitioner’s prayer as:
“(a) An order of the Honourable Court declaring that the circumstance under which the two (2) ballot boxes of Twabidi No. 1 and 2 went to Kenyasi No. 1 and their contents swapped respectively is/was illegal and same is void.
An order of perpetual injunction restraining the Respondents from releasing the two ballot boxes (Parliamentary) to the other 66 ballot boxes to declare a winner.”
The petitioner also filed an application for an interim injunction, on 15th December 2008 seeking an order to restrain the R