THE REPUBLIC. VS. HIGH COURT JUDGE, SUNYANI. EX-PARTE COLLINS DAUDA (INTERESTED PARTY; YIADOM BOAKYE BOATENG)

R U L I N G

DR. DATE-BAH JSC:- UNANIMOUS  RULING

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?

The facts

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 certiorari, the ruling of His Lordship Justice Francis Kwabena Opoku of the Sunyani High Court, dated 6th January 2009, and to prohibit the said learned judge from going on with the suit number C11/01/09, intituled:  The NPP Parliamentary Candidate, Yiadom Boakye-…