Supreme Court seeks AG's views on NDC suit on 2004 election

Accra, June 26, GNA - The Supreme Court on Thursday called for the views of the Attorney-General's office in the case in which three National Democratic Congress (NDC) activists are contesting the results of the December 7, 2004 general elections.

"It is desirable that views of the Attorney-General's Department are obtained," Ms Justice Sophia Akuffo, who presided, said. Other members on the panel were Mr Justice Allan Brobbey, Mr Justice Darte-Baah, Mrs Sophia Adiniyrah and Mr Justice Julius Ansah. It further called on both defendants (Attorney-General and the Electoral Commission) and the plaintiffs to file their references and statement of case by July 9.


It said documentation of all exhibits should be made available to the court to ensure that hearing commenced on July 15.


In 2006, the three NDC activists, Mr. Rojo Mettle Nunoo, Clend Sowu and Kofi Portuphy, commenced legal action seeking an order of the court restraining the EC and its agents from destroying the exhibits pending the final determination of the suit.


It is the case of Plaintiffs that at the time the Chairman of the EC, Dr Kwadwo Afari-Djan declared President John Agyekum Kufuor winner of the presidential polls, it did not base its declaration on the total results from 230 constituencies of the country, since only those from 225 constituencies were used.

Additionally, plaintiffs claim that the defendant on the following day held a press conference and basing its declarations on total results from 227 out of the 230 constituencies, declared the incumbent president, winner of the polls.


Plaintiffs contended that the results at the time should have been declared as provisional, until all results from the 230 constituencies were collated.


"Up to date of instituting the present suit, the defendant has not declared the full and complete results of the presidential elections of December 7, 2004."


Plaintiffs argued that the collation and declaration of election results in a transparent manner and in time form an integral part of the constitutional duty of the defendant, mandated under the laws of the country to conduct and supervise all public elections and referenda. Mr Tony Lithur, represented the plaintiffs with Ms Euince Roberts representing the Electoral Commission.