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EC Flouts Court Order

Mon, 18 Sep 2006 Source: Ghanaian Chronicle

....Legal Tussle Over 2004 Presidential Results
The controversy surrounding the 2004 presidential results sparked by a legal action brought against the Electoral Commission (EC) by three key members of the opposition National Democratic Congress (NDC) is far from over.

The Chronicle's investigations into the handling of ballot materials of the 2004 general elections revealed that contrary to a restraining court order, the Electoral Commission (EC) emptied most of the ballot boxes even before the recent revision of the Voter's register.

It was further revealed that in some Brong Ahafo Region district offices of the EC, such as Kintampo, Nkoranza, Sunyani and Wenchi, the ballot papers had been disposed of and some have even been burnt.

This means that the recent order given by the Accra Fast Track High Court granting the EC permission to empty the presidential ballot boxes and ordering for the safe keeping of the ballot papers was not applicable in some district offices of the EC because in such districts the ballot papers had already been destroyed.

The EC, obviously could not muster the courage to tell the truth to the court that most of the materials in the boxes were earlier disposed of, creating the impression that the materials were intact.

It was gathered at the Nkoranza District Office that the EC opened the boxes in order to have access to the poll books, photo checklist and registration books, so it could carry on with the recent Voters registration and revision exercise.

The Chronicle also learnt that after the removal of the items, both Parliamentary and Presidential ballot papers were mixed up and dumped somewhere.

When the paper reached the General Secretary of the National Democratic Congress (NDC), Mr. Aseidu Nketia, who was in the Brong Ahafo Region to witness the removal of the ballot materials, as ordered by the court, he indicated that if it was true that the ballot boxes were tampered with before the registration exercise, the EC must be cited for contempt of court.

According to Mr. Nketia, a.k.a. General Mosquito, the order was given before the last registration exercise and for that matter, if the EC tampered with the ballot boxes then that act was contemptuous.

The B/A Regional Director of the EC, Mr. Mark Ayimadu, confirmed that in some parts of the country, the presidential and parliamentary ballot papers had been burnt.

According to him, sometimes ballot materials are burnt, if after one year, there is no dispute over the results.

Mr. Ayimadu complained about lack of storage facilities for the EC as being part the problems confronting the electoral body.

On August 28, 2006, an Accra High Court (Fast Track Court) varied an earlier order of injunction brought against EC by Messrs Rojo Mettle Nunoo, Squadron Leader (Rtd) Clend Sowu and Kofi Portuphy all top members of the NDC.

In its latest decision, the court ordered the EC to empty the ballot boxes in the presence of officials of political parties that were involved in the elections, security personnel and other stakeholders, so that the boxes could be used for conducting the forthcoming District Assembly elections.

Sources close to the NDC revealed that the party has alerted its constituency offices to hold themselves ready to witness the disposal of the ballot materials into a safer place on September 15.

The NDC general secretary and Alhaji Collins Dauda, Member of Parliament for Asutifi South and former Regional Chairman of the party were both in the Brong Ahafo Region to witness the exercise.

Source: Ghanaian Chronicle