Election Petition: Court throws out EC request

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Election Petition: Court throws out EC request

Details: Parent Category: Justice & Security; Category: Law Reports; Created on Wednesday, 10 April 2013 00:00; Hits: 2829

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Election Petition: Court throws out EC request

The Supreme Court has dismissed the motion filed by the Electoral Commission, the second respondent in the presidential election petition which prayed the court to begin the trial so it could provide its affidavits later.

The Commission through its lawyer Quarshie Idan on Wednesday prayed the Court to allow the petitioners to open their case in open court so it will file its affidavits after the petitioners had presented their case.

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He quoted Constitutional Instrument 74 as well as sections 14 and 17 of the Evidence Act to back his arguments, adding they will be forced to bring the entire documents on the 2012 elections if they are not granted the motion.

According to Joy News' Anny Osabutey the lead lawyer for the petitioners Philip Addison objected to the motion.

He argued the motion by the second respondent is a clear breach of the ground rules set the court at the last adjourned hearing.

He reminded the court that as part of proceedings for the election petition, the petitioners must file their affidavits and the respondents must within five days respond to the affidavits.

Addison said the petitioners have respected the directives of the court and demanded that the second respondent must do same.

He prayed the court to dismiss the motion filed by the Electoral Commission.

The Court after a short recess gave its ruling which threw out the motion by the second respondent.

The court said the motion filed by the second respondent was without merit and ordered that they respond to the affidavits by the petitioners.

The substantive case is set to begin on April 16.

From: Nathan Gadugah|Myjoyonline.com