THE REP V. HIGH COURT, KOFORIDUA EX-PARTE DR. ASARE & ORS

R U L I N G

ATUGUBA,JSC:

The Applicant was the New Patriotic Party Parliamentary candidate for the Akwatia constituency in the Eastern Region in the December 2008 Parliamentary Elections.

The 1st set of interested parties were also the National Democratic Congress and Independent Parliamentary candidates in the said election. Before the results could be declared, the latter, alleging various malpractices, such as destruction of some ballot boxes, the exclusion of their polling agents from certain polling stations, excessive voting in some others, etc issued a writ at the Koforidua High Court on  22/12/2008  against the 2nd interested party praying for a rerun of the said election.

The applicant upon being joined as a second defendant to the said suit on 23rd January 2009 moved the court presided over by Suurbaareh J to strike out the writ on the grounds of jurisdiction but the motion was dismissed. Hence the present application to this court “for an order of certiorari to quash the ruling…