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General News Wed, 27 Nov 2002

Case adjourned sine die

The case in which the sitting Member of Parliament for the Wulensi Constituency is challenging the decision of the Court of Appeal that his election in the 2000 general polls was void has been adjourned sine die.

A five-member panel of the Supreme Court, presided over by Justice E.K. Wiredu, the Chief Justice, adjourned the case at its sitting in Accra on Tuesday. No reasons were assigned for the adjournment.

By a notice published in the Gazette dated 5 January 2001, the Electoral Commission declared Samuel Nyimakan, the appellant in the case, who stood on the ticket of the National Democratic Congress (NDC), winner in the December 2000 parliamentary elections by polling 9,537 as against Alhaji Saamni Iddi (NPP), 6,884, Binyam S. Jangboja (NRP) 837 and Ayi Abdu-Rahaman (CPP), 278.

Last year, a voter in the constituency, Fuseini Zakaria, filed an election petition at a Tamale High Court against Nyimakan and the Electoral Commission for a declaration that the MP elect was not qualified to be so elected. The grounds for the petition was that at the time Nyimakan contested the election, he did not have residential status to stand as candidate for Wulensi as required by the law.

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According to Zakaria, the MP did not reside in the Wulensi Constituency for five years within the 10 years immediately preceding the December 2000 general elections.

In its ruling, the court granted the reliefs sought by Zakaria and declared Nyimakan?s election void. Counsel for the MP, Kweku Baah, challenged the decision of the High Court at the Appeal Court on the grounds that the judgement of the court was against the weight of evidence.

He also contended that the decision of the court that Mr Nyimakan did not hail from Kumbi in the Wulensi constituency is not supported by the evidence.

The Court of Appeal, however upheld the decision of the High Court and dismissed the appeal.

Source: Daily Graphic
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