The High Court in Tema has dismissed an application brought against the Chairperson of the Electoral Commission (EC), Jean Mensa, and her two deputies for contempt of court over the limited voter registration exercise.

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The court dismisses a contempt application against the EC Chair and 2 deputies, but the applicant files an appeal.

The High Court in Tema has dismissed an application brought against the Chairperson of the Electoral Commission (EC), Jean Mensa, and her two deputies for contempt of court over the limited voter registration exercise.

Photo of Prince Baidoo Prince Baidoo Send an email2 mins agoLast Updated: 27 November 20230 5 2 minutes read

The court dismisses a contempt application against the EC Chair and 2 deputies, but the applicant files an appeal. Jane Mensa, EC Chairperson

The court dismisses a contempt application against the EC Chair and 2 deputies, but the applicant files an appeal.

Jane Mensah, EC Chairperson

The applicant, Precious Ayitah, had prayed the High Court to commit Mrs. Mensa, Dr. Eric Bossman Asare, and Samuel Tettey to contempt of court for going ahead with the limited registration exercise in the district offices of the EC despite an injunction application she filed that sought to put the exercise on hold.

Ruling

The court, presided over by Justice Patricia Quansah, last Friday dismissed the contempt application against the respondents on grounds that it was without basis and awarded a nominal cost of GH¢2,000 against the applicant.

The judge, in announcing the decision, said the applicant was unable to establish a case against the respondents and was also unable to prove that the respondents were personally served with the order of the court.

The allegation that the application was served on Daniel Addae Nyamekye, designated as a legal secretary at the head office of the EC, could not also be proved.

The court said the EC argued that there was no such position as Legal Secretary and that no such person, known as Daniel Addai Nyamekye, is in the employment of the EC.

The court agreed with the EC and held that if there was any doubt, it ought to go in favor of the respondents and that the applicant had failed to prove that the three commissioners were duly served, thus the application was without basis.

The court indicated that the evidence adduced by the applicant was not strong enough to enable the court to commit the respondents to contempt.

Meanwhile, the applicant, who was dissatisfied with the ruling of the High Court, filed an appeal at the Court of Appeal to overturn the ruling.

The lawyer for the applicant, Nii Kpakpo Samoa Addo, told the Daily Graphic that the appeal was filed last Friday.

Background

In her contempt suit against the EC Chairperson and her deputies, Ms. Ayitah, a resident ‏, near Afienya in the Greater Accra Region, which is about 44.3 kilometres from the district office of the EC in Prampram, said the originating motion on notice and interlocutory injunction was served on the respondents on September 8, 2023, to restrain them from going ahead with the limited registration exercise in the district offices of the EC.

Ms. Ayitah, in her affidavit in support of the application, said the respondent’s intention to proceed with the limited registration exercise at the district offices jeopardised the outcome of the initial interlocutory injunction application and the substantive suit that was brought to the court, hence being contemptuous of the court.

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