The Progressive People Party (PPP) has gone to the Supreme Court to set aside an order of a High Court which restrained the Electoral Commission (EC) and four others from holding two by- elections in Wulensi and Kwabre West constituencies.
The PPP, which is also seeking a true and proper interpretation of Articles 42, 45, 47, 51 and 130 (1) (b) of the 1992 Constitution, noted that the EC and Parliament and other authorities or persons had no power by law to make any law such as C.I 72 that had the potent of disabling constituents to vote and elect members of parliament to represent them.
PPP is further seeking an order directing the EC to correct immediately the omission of a clause and a transitional provision under CI 72 and hold election in Wulensi and Kwabre West in fulfillment of the objects of Articles 42, 45, 47 and 51 of the Constitution.
It also prayed the court to declare the order of the High Court void. The four defendants are the Attorney General, the New Patriotic Party (NPP), the National Democratic Congress (NDC) and Convention People’s Party (CPP).
In an affidavit in support of the party’s case sworn by Mr. Kofi Asamoah-Siaw of Plot number 163, Asylum Down, the PPP said in June 2012, PPP received information from the EC that the Wulensi and Kwabre Constituency seats had been declared vacant following the death of Alhaji Iddi Sani and Mr. Emmanuel Owusu- Ansah respectively.
According to Mr. Asamoah-Siaw, the EC indicated that following the development, by- elections were going to be held in the two constituencies.
Mr. Asamoah-Siaw said: “The EC subsequently set a date for the Wulensi by-elections and my party filed a candidate for the contest as my party has solemn interest in holding of the elections by EC.”
He said PPP received information that the General Secretaries of the NPP, NDC and CPP had taken action against the Attorney General and the EC.
According to him, the omission by the defendants was inconsistent and in contravention with the laws of the land and the 1992 Constitution.
“That the party has realised that the whole point in the suit herein referred is an omission commissioned by the EC whilst promulgating CI72 of not preserving the old Voters Register under the CI 12 until a new one under CI 72 is finalised and ready for conducting public elections.”
