Court orders EC to make available photo album use in NPP Walewale election to plaintiff

The High Court in Tamale has ordered the Electoral Commission (EC) in Walewale to open the ballot box and provide copies of the voter register used in the New Patriotic Party’s parliamentary primaries.

The Court, presided over by Justice Richard Marc Kogyapwah, a Justice of the Court of Appeal who is sitting as an additional High Court Judge, also ordered the EC to grant access to the material evidence used in the electoral process in the Walewale election, which has become the subject matter of a court action.

The orders of the High Court followed an action initiated by Haija Lariba Zuwera Abudu (plaintiff) and Minister for Gender, Children, and Social Protection, a defeated parliamentary aspirant challenging the elections.

The plaintiff, in her writ issued at the court to challenge the Walewale parliamentary election through her lawyer, Sylvester Isang (ESQ), prayed for an order directed at the EC (3rd Defendant) to allow them unrestricted access to material evidence that validates their claims regarding various irregularities and flagrant violations of electoral rules in the NPP parliamentary primaries for the Walewale constituency, which were held on January 27, 2024.

The plaintiff sued Dr. Kabiru Tia Mahama (1st defendant) and the NPP party as the 2nd defendant. The plaintiff’s claim against the defendant’s assertion that over-voting and the participation of deceased delegates in the NPP poll were illegal. Thus, prayed to the Court for the nullification of the elections and an order for a re-run.

However, during three court sittings in Tamale, neither the first defendant, Dr. Kabiru Tia Mahama, nor his counsel appeared in court to move their motion filed against the plaintiff.

Petition:

They further petitioned the Chief Justice, Justice Gertrude Araba Torkornoo, against the trial judge, whom they alleged was biased, on August 1, when the Member of Parliament was seen at a function in the constituency with the trial judge, who was on official assignment in the constituency.

The allegation against the trial judge was dismissed, allowing the parties to move their motion.

Ruling:

On August 7, 2024, the Court, in its ruling, upheld the plaintiff’s motion for access to the ballot box and the photo album used in the January 7, 2024, NPP Parliamentary Election and ordered the production of copies of the used register to be made available.

Justice Richard Marc Kogyapwah also ordered the registrar of the court to serve all defendants with the notice of hearing through electronic means like WhatsApp and other social mediums, the second defendant’s home called Yizo House in Walewale (poster), and the notice board of the court before the start of the case management and possible trial on August 14, 2024.

During the court’s ruling on the motion, Wahidu was spotted with a Samsung phone recording the proceedings of the court without the court’s permission. A female security official of the Ghana Police Service stationed at the court questioned his action, and he threatened a female police officer, whose name was withheld, for demanding his Samsung phone.

The incident halted the proceedings in court for 5 minutes. He was immediately arrested by police officers for a contemptuous act of the court.

In an interview with GHOne News‘ Noah Nash Hoenyefia, after scrutinizing the photo album used for the parliamentary primaries, counsel for the plaintiff, Sylvester Isang (ESQ), confirmed the complaint of the plaintiff, Hajia Lariba, to the effect that there was double voting, there was voting by dead delegates, and thirdly, there was voting by some absentee delegates, among others.

“We are grateful to the court for granting us access to our material evidence, which we can confirm has been our suspicion. We shall present our findings to the court. We hope our other concerns will be granted,” counsel reiterated.

The case was adjourned to August 14, 2024, for case management and a possible trial.