An Accra High Court presided over by Justice Patience Mills-Tetteh has set aside its earlier ruling that the Klottey Korle constituency primary of the main opposition New Patriotic Party (NPP) be annulled.
The Court on Tuesday, November 25, 2015 ruled in a default judgement in favour of the lead counsel for the petitioners in the 2013 presidential petition, Phillip Addison, who sued the NPP and demanded the annulment of the Korle Klottey parliamentary primary results.
But, the NPP which earlier failed to enter an appearance filed a motion to have the judgement set aside, which was upheld. Another request for an out of court settlement was granted.
When the case was called for hearing yesterday, counsel for the NPP, Mr. Opoku Adusei and Lawyer Mike Oquaye, a member of the NPP legal committee told the court that the parties have agreed to have an out of court settlement.
The request was granted after all parties had agreed to have the matter resolved using the party's internal mechanism.
The court, subsequently, adjourned the case to December 16 for the parties to re-assemble in court with their decision which would be entered as a consent judgement.
Annulment
On November 25, the court gave its ruling after the party failed to enter an appearance following a suit brought against it over the conduct of the election.
The failed parliamentary aspirant, Philip Addison, sued the party over what he described as massive irregularities that marred the election. He also challenged the credibility of the register that was used for the polls.
The various legal teams were led by James Quarshie Idun-Electoral Commission (EC), Frank Davies (plaintiff) and Lawyer Osabutey for Nii Noi Nortey.
Background
Mr. Addison and another, Nii Adjei Tawiah took the party and the EC to court over the election on August 2, 2015 which was won by Valentino Nii Nortey.
According to them, more than half of the delegates were disenfranchised, and that the organization of the election was in violation of the tenets of democratic principles that were supposed to govern the elections.
They also claimed that there was no accreditation and that the register that was used was not certified. The election, they said, violated article 55 of the NPP's constitution. The petitioners asked the court to declare the election as an illegality.
The complainants in the suit also argued that there was no accreditation for the purported election on August, 2, 2015.
“The voters register used for the conduct of the purported election on August, 2, 2015, was not the one certified by the Korle Klottey Parliamentary Elections Committee for the conduct of the elections.
“The rules and regulations required the Parliamentary Elections Committee to receive and keep the constituency register until same is submitted to the Electoral Commission. The duly certified register was inspected by all the aspirants and same was kept by the Parliamentary Elections Committee Secretary.
“This was never made available to the Electoral Commission because the 2nd day of August, 2015, was not the agreed date for the conduct of the polls,” they stated.
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