high court in Tema presided over by Justice Eugene Nyante Nyadu has dismissed an injunction application filed by Ningo-Prampram MP Sam Nartey George against the Electoral Commission as far as the holding of a workshop by the election management body in his constituency is concerned.
The court based its decision on Order 55, rule 6 (2 and 3) of the High Court Civil Procedure Rules, 2004 (CI 47), which require that the applicant file a statement of case to which the EC would respond.
The lawyer of the EC told the court on Thursday that no such statement was filed by Mr Nartey George since he first filed the instant case on 24 April 2020, thus pleaded with the court to dismiss the matter.
Order 55, rule 6 (2 and 3), among other things, 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”.
The judge, in his ruling, said the “application brought under Order 55 is struck out, as prayed, for non-compliance”.
A “cost of GHS6,000”, he added, “is awarded against the applicant”.
On 25 April 2020, however, the court granted Mr George’s ex-parte injunction application against the EC’s decision to hold a workshop at the City Escape Hotel in his constituency.
The EC’s planned workshop for its directors and deputies was scheduled for April 24 to 29 at Prampram to discuss the compilation of a new voter register.
Reacting to the court’s decision at the time, Mr George said: “That decision by a Commissioner who is a lawyer and her deputy, who is a political science university don, is most unfortunate as it is a flagrant disregard for law and abuse of legal reasoning. As Member of Parliament for the area and a responsible citizen who respects the laws of the land, I felt obliged to seek legal representation to stop what amounts to an illegal action by a constitutional body.
“I am committed to continuing representing my people in the best way possible especially in these trying pandemic times. This is my modest contribution to ensuring the rule of law is respected and that we overcome the COVID-19 scourge.
“It is my hope that persons entrusted with public responsibility and who ought to act in the best interests of the citizenry are so minded. We need to remain Citizens and not spectators.