The ruling of the High Court in Tema dismissing an application for Contempt against the Chairperson of the Electoral Commission, Jean Mensa and her two deputies has been challenged at the Court of Appeal by the Applicant.
On Friday, November 24, 2023 the Court presided over by Justice Patricia Quansah dismissed the application filed by Ayitah Precious on ground of improper service.
Disastified with the ruling of the Court, the Applicant through her lawyers led by Nii Kpakpo Samoa Addo, have filed an Appeal at the Court of Appeal on same day to challenge the decision of the High Court.
“Take Notice that the Applicant/Appellant herein being dissatisfied with the ruling of the High Court, Tema, sitting per Her Ladyship Justice Patricia Quansah dated 24th November, 2023, hereby appeals to the Court of Appeal on the ground set out in paragraph 3 herein of the Notice of Appeal and will at the hearing of the Appeal seek the relief set out in paragraph 4.
The ground of her appeal is to the effect that, “the Ruling dated 24th November, 2023, is against the weight of the evidence adduced at the hearing.”
Ayitah Precious, a private citizen who also described herself as unregistered voter, had on September 8, filed an originating motion at the High Court seeking among other things, a declaration that the decision of the EC to restrict the limited voter registration exercise to its 268 district offices is unlawful, and a violation of the Applicant’s fundamental human rights and freedoms guaranteed under the Constitution.
But, while the Application was yet to be held, the EC proceeded with the exercise which led to the Applicant filing a Contempt Application on September 12.
In his application for Contempt, she urged the Court to also jail her two deputies – Dr Bossman Eric Asare and Samuel Tettey (in charge of operations).
It was her contention that, the Chairperson and her deputies disregarded the notice, issued a public notice and have commenced with the very action he wanted challenged.
She contended that, “the decision of the Electoral Commission to conduct the limited registration exercise in its district offices is a direct interference with the due administration of justice and prejudicial to the outcome of the Applicant’s pending Interlocutory Injunction Application and the substantive suit before this Honourable Court.”
On the premise of this, Ayitah Precious through his lawyer Nii Kpakpo Samoa Addo, filed a motion on notice for committal for Contempt pursuant to order 50 rule 1(2) of Constitution Instrument (C.I47).
She named the EC, Jean Mensa, the EC Commissioner and her two deputies – Dr Bossman Eric Asare and Samuel Tettey (in charge of operations as the respondents.
But, Justice Patricia Quansah, after hearing the parties, dismissed the motion for Contempt and awarded Cost of GHc2,000 was awarded against the Applicant in favor of the Respondents.
Meanwhile, the substantive matter, which had become moot, had since October 16, 2023 been withdrawn because by then the exercise had been completed.
Source: Ghana/Starrfm.com.gh/103.5FM/Murtala Inusah
