#UGDecides’18: A Writ Has Been Issued Against The EC To Restrain It From Declaring Election Results

Kuulpeeps! Elections are over but issues keep popping up!

“The Judicial Board [of the UG SRC] received an application for an interlocutory injunction to restrain the release of the final presidential election results…”, the Judicial Board declared in a communique.

Now, if you don’t understand an interlocutory injunction, let’s break it down for you.

Now an interlocutory injunction is a legal process filed in court for the settlement of an ancillary issue that is, a case (small case) within a main case (big case). Normally if the ancillary case (small case) cannot be determined, the main case is regarded as unsound and thus, cannot be heard.

The application made ex parte (without the presence of the other party), asked the Court to issue the injunction pending an unresolved issue between Bridget Frimpomaa Asare and another versus The SRC President and the EC.

The Counsel for the applicants argued that his clients’ voting right enshrined in Article 42 of the 1992 Constitution of Ghana was infringed by the EC “by annulling the results of the Presidential Elections in the Volta Hall and Jean Nelson Hall”.

This argument is based on three principles espoused by Anin-Yeboah JSC in the case of 18th July, Ltd.versus Yehans International Ltd.

The three principles posed by the learned Supreme Court Judge in the said case were: Firstly, that the court must be sure that the case is not senseless before throwing it out, since granting such an application is not mandatory, secondly, that the applicant must show to have a legal, fair or impartial right that should be protected by the court in order to avoid irreparable damage; and thirdly, that the court should refuse to grant the application if it will cause hardship to the other party.

Earlier after the elections, it seemed like there was over-voting in Jean Nelson and Volta hall.

There was an uproar at Jean Nelson which attracted the Police on duty to come around to calm the atmosphere at the Polling Station.

The SRC Court, through Justice Duke Daniel Teye Nomosuor, dismissed the application on the ground that the action should have been brought by a petition rather than the writ.

The Court, however, reconsidered its decision and gave both counsels of the applicants ten minutes to redeem their legal process ‘boo-boo.’

After the court resumed sitting, counsel for defendants prayed the Court to adjourn proceedings because he had not prepared due to late services of processes by the counsel of the applicants.

The SRC Chief Justice stated that the Dean of Student Affairs had instructed that no election will be held after next week and hence adjournment would not support the delivery of justice.

Down the tunnel, Sylvester Amoako (the SRC President-elect), applied to be joined to the suit on the basis that, he stands to a disadvantage.

This the court accepted and then adjourned the case to the following day.

Kuulpeeps, know that the final resolution of this case can go a long way to determine who steps into the SRC Union Building next, after Otting even though there appears to be a winner.

Stay glued to as we bring you authentic updates on #UGDECIDES.

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