The Tema High Court presided over by Justice Eugene Nyante Nyadu, has struck out an application by Ningo-Prampram MP, Sam George, that sought to restrain the Electoral Commission from holding a scheduled workshop in the Ningo-Prampram constituency.
The decision of the High Court was motivated by order 55, rule 6 (2 and 3) of the High Court Civil Procedure Rules, 2004 (CI 47).
The order says, (2) “within 14 days after filing the Notice of application, the applicant shall file such number of copies of the applicant’s statement of case as the Registrar shall determine setting out fully his arguments and relevant statutes or decided cases he wishes the Court to consider”.
(3) “If the applicant does not file a statement of case within the time stipulated in subrule 2, the Registrar shall certify that fact to the Court which may dismiss the application for non-prosecution or make such other order as it may consider appropriate”.
When the case was called in court today, the applicant and his lawyers were absent.
However, the lawyer for the Electoral Commission was present. The EC lawyer argued that the applicants have failed to comply with the provisions of order 55, rule 6 (2 and 3) of the High Court Civil Procedure Rules, 2004 (CI 47), in that they have not filed a Statement of Case to allow the EC to respond same.
He added that the applicants filed the instant case on the 24th of April 2020 and as at today the 28th of May 2020, they have not filed their Statement of Case, to that end, the case ought to be struck out.
By Court
Justice Eugene Nyante Nyadu, agreed with the argument of the lawyer for the EC and ruled as follows; “application brought under Order 55 is struck out as prayed for non-compliance. Cost of Six thousand Ghana Cedis (Ghc 6, 000. 00) is awarded against the applicant”.
The decision of the High Court today is a sharp departure from its earlier ruling when it injuncted the Electoral Commission from holding an internal meeting with its Commissioners, Directors, Regional Directors, Deputy Directors and some Senior Headquarters staff, to plan on how to execute their constitutional mandate in the upcoming general election on the 7th of December 2020.
