THE REPUBLIC vs. THE HIGH COURT, BOLGATANGA, HAJIA FATI SEIDU

Following the 7 December 2000 parliamentary election for the Bawku Central Constituency, the Electoral Commission's count showed Madam Hawa Yakubu, the NPP candidate, as winner. Hajia Fati Seidu, the NDC candidate, filed proceedings in the Bolgatanga High Court seeking, among other reliefs, examination and scrutiny of votes in all 151 polling stations, a declaration that she had the majority of lawful votes, and injunctions to restrain Hawa Yakubu from acting as Member of Parliament and to restrain gazetting of Hawa Yakubu as elected MP. She later filed a notice of discontinuance against Hawa Yakubu. On 6 January 2001, after granting the discontinuance, the High Court nevertheless ordered recollation and, if necessary, physical counting of votes by representatives of the parties and political parties. Hawa Yakubu then applied to the Supreme Court for certiorari to quash those proceedings and order. Portion of judgment indicating this: 'On Tuesday, 15th January, 2001, we unanimously granted the prayer of Madam Hawa Yakubu... to quash the proceedings and order of the Bolgatanga High Court dated 6th January, 2001...' and the paragraphs setting out the reliefs claimed in the petition and the High Court's recount order.