THE REPUBLIC V. THE HIGH COURT JUDGE, SUNYANI (RESPONDENT) EX PARTE ALHAJI COLLIN DAUDA (APPLICANT) AND YIADOM BOAKYE BOATENG (INTERESTED PARTY)
(2009) JELR 65964 (SC)
Supreme Court
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CIVIL MOTION NO. J5/12/2009
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9 Apr 2009
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Ghana
Coram
ATUGUBA J.S.C. (PRESIDING), AKUFFO (MS) J.S.C., DATE-BAH (DR) J.S.C., OWUSU (MS) J.S.C., B. BONNIE J.S.C.
Appearances
SAMUEL CODJOE FOR THE APPLICANT WITH TONY LITHUR,JAMES QUASHIE β IDUN FOR ELECTORAL COMMISSION,SYLVIA ADUSU (PRINCIPAL STATE ATTORNEY) FOR THE ATTORNEY GENERAL,NKRABEAH EFFAH-DARTEY FOR THE INTERESTED PARTY
Judgement
<p>DR. DATE-BAH JSC:- <em>UNANIMOUS RULING</em></p><p>This case raises an important issue of jurisdiction in relation to election petitions. It is this: does the High Court have jurisdiction to entertain any election petition under the Representation of the People Law 1992 (PNDCL 284) before the Electoral Commission has declared the results of that election?</p><p>The facts</p><p>Before we provide an answer to this question, let me set out the material facts of this case. This is an application by Alhaji Collins Dauda, the Parliamentary candidate for the National Democratic Congress for the Asutifi South Constituency in the Brong Ahafo Region. The application seeks to invoke the supervisory jurisdiction of this Court to quash, by an order of <em>certiorari,</em> the ruling of His Lordship Justice Francis Kwabena Opoku of the Sunyani High Court, dated 6<sup>th</sup> January 2009, and to prohibit the said learned judge from going on with the suit number C11/01/09, intituled: <em>The NPP Parliamentary Candidate, Yiadom Boakye-Boateng v. 1. Theβ¦</em></p>