Court struck out NPP application for interim injunction
Gilbert Boyefio
05/01/09
An Accra Fast Track High Court, presided over by Justice Amoako Asante has struck out an ex-parte application for interim injunction filed by the NPP and its Chairman, Mr Peter Mac Manu, against the Electoral Commission and its chairman.
The court’s decision follows an application for discontinuance filed by the NPP.
It further awarded costs of GH¢ 1000 each against the NPP and its chairman. No cost was however awarded for the NDC and Prof Atta-Mills, as the judge held that they were not parties to the suit. The judge explained that though he had ordered that the NDC and Prof John Evans Atta-Mills be joined to the suit, the plaintiffs failed to do so and therefore the NDC and Prof Atta-Mills are not parties.
Earlier on, David Annan, Counsel for the NDC and Prof John Evans Atta-Mills, had argued that by virtue of the court’s order on Thursday that his clients should be served; they are parties to the suit. He however admitted that the suit has not been amended and also they have not been served. According to him, the NDC has serious issues with the manner the NPP went about with the discontinuance of the case.
On their part, Counsels for the Electoral Commission, James Quashie Idun and Edmund Armah told the court that the EC and its Chairman have been served with the application for discontinuance. They pleaded for a cost to be awarded against the plaintiffs.
The NPP and its Chairman were not in court neither were they legally represented.
On Thursday December 1, the court refused to hear an ex-parte application for interim injunction filed by the NPP and its Chairman, Mr Peter Mac Manu, seeking the court to place an injunction on the EC and its Chairman from announcing a winner and next President of Ghana until claims of electoral fraud during the December 28 presidential run off have been investigated and also to put an injunction on the Tain election that was held Friday.
The court, instead, indicated that looking at the nature of the case and its necessity, it was prudent for the interested parties, namely, Prof John Evans Atta Mills, the presidential candidate of the NDC and the party to be served on notice with the pleadings to enable them to react appropriately.
However on Saturday December 3, the NPP indicated its readiness to withdraw the two writs it filed last Thursday against the EC. Counsel for the party, Atta Akyea, disclosed that he had been instructed by his clients, the NPP and its national chairman, Peter Mac Manu, to withdraw the cases and allow the EC to go ahead with its constitutionally mandated duty. Mr Atta Akyea said his clients would give him further instructions after the EC concludes the process.
Meanwhile, the superior courts are to start sitting from January 7, 2009, after proceeding on a Christmas vacation.
05/01/09
An Accra Fast Track High Court, presided over by Justice Amoako Asante has struck out an ex-parte application for interim injunction filed by the NPP and its Chairman, Mr Peter Mac Manu, against the Electoral Commission and its chairman.
The court’s decision follows an application for discontinuance filed by the NPP.
It further awarded costs of GH¢ 1000 each against the NPP and its chairman. No cost was however awarded for the NDC and Prof Atta-Mills, as the judge held that they were not parties to the suit. The judge explained that though he had ordered that the NDC and Prof John Evans Atta-Mills be joined to the suit, the plaintiffs failed to do so and therefore the NDC and Prof Atta-Mills are not parties.
Earlier on, David Annan, Counsel for the NDC and Prof John Evans Atta-Mills, had argued that by virtue of the court’s order on Thursday that his clients should be served; they are parties to the suit. He however admitted that the suit has not been amended and also they have not been served. According to him, the NDC has serious issues with the manner the NPP went about with the discontinuance of the case.
On their part, Counsels for the Electoral Commission, James Quashie Idun and Edmund Armah told the court that the EC and its Chairman have been served with the application for discontinuance. They pleaded for a cost to be awarded against the plaintiffs.
The NPP and its Chairman were not in court neither were they legally represented.
On Thursday December 1, the court refused to hear an ex-parte application for interim injunction filed by the NPP and its Chairman, Mr Peter Mac Manu, seeking the court to place an injunction on the EC and its Chairman from announcing a winner and next President of Ghana until claims of electoral fraud during the December 28 presidential run off have been investigated and also to put an injunction on the Tain election that was held Friday.
The court, instead, indicated that looking at the nature of the case and its necessity, it was prudent for the interested parties, namely, Prof John Evans Atta Mills, the presidential candidate of the NDC and the party to be served on notice with the pleadings to enable them to react appropriately.
However on Saturday December 3, the NPP indicated its readiness to withdraw the two writs it filed last Thursday against the EC. Counsel for the party, Atta Akyea, disclosed that he had been instructed by his clients, the NPP and its national chairman, Peter Mac Manu, to withdraw the cases and allow the EC to go ahead with its constitutionally mandated duty. Mr Atta Akyea said his clients would give him further instructions after the EC concludes the process.
Meanwhile, the superior courts are to start sitting from January 7, 2009, after proceeding on a Christmas vacation.
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