[1999]DLHC128 • November 19, 1999 • High Court
ENOS vs ELECTORAL COMMISSION AND ANOTHER
During the 1996 parliamentary elections in the Ajumako-Enyan-Essiam Constituency, the returning officer (Q) compiled results from 108 polling stations. Due to illness, Q handed over to his assistant (G). The petitioner's representative noticed that special votes were omitted and left to consult the petitioner. The results were declared prematurely, erroneously declaring the New Patriotic Party candidate as winner. Upon challenge, the returning officer and assistants recalculated and confirmed the petitioner had actually won by 632 votes. Despite this, the Electoral Commission official (Mr. Yirenkyi) failed to correct the error, citing lack of cooperation from the declared winner and police assurances. The declared winner took his seat in Parliament and enjoyed privileges to date.
read moreJUDGMENT OF HEWARD-MILLS J. During the 1996 parliamentary elections, results from the 108 stations of the Ajumako-Enyan-Essiam Constituency were being received by the returning officer, Q, at the constituency center based in Ajumako. Assembled there were representatives from each party. The retuning officer called out the figures for each party as received on each declaration sheet and the figures were added up by the representatives either manually or by the use of calculators. This exercise started at about 6 pm. Sometime thereafter, at about 4.30 am, Q started feeling dizzy. He handed over the task of calling out the figures to his assistant, G. Before the end of the exercise the representative of the petitioner, the second witness for the petitioner, queried the figures. He reckoned that votes of the special voting conducted earlier on had not been included in the votes being counted. He left the center ostensibly to contact the petitioner and other representatives. Before hi...