[2003]DLSC16010 • January 15, 2003 • Supreme Court •
ZAKARIA vs. NYIMAKAN
Following the 7 December 2000 general elections, Mr. Fuseini Zakaria, a registered voter in the Wulensi Constituency, petitioned the High Court alleging that Mr. Samuel Nyimakan, the appellant, was not qualified to be elected as Member of Parliament for Wulensi. The High Court upheld the petition, declaring the election void. The appellant appealed to the Court of Appeal, which dismissed the appeal. The appellant then filed an appeal to the Supreme Court, which was challenged by the respondent on jurisdictional grounds.
read moreTWUM JSC delivered the ruling of the majority of the court. On 7 December 2000, general elections were held in the country. After the results were declared, Mr Fuseini Zakaria, a registered voter in the Wulensi Constituency (hereinafter referred to as the respondent), filed a petition under article 99( I) of the Constitution of Ghana, 1992 and the Representation of the People Law, 1992 (PN DCL 284), in the High Court, Tamale praying for a declaration that the election of the appellant, Mr Samuel Nyimakan, was void as he was not qualified to be so elected as a Member of Parliament for the Wulensi Constituency. After a full trial at which evidence, both oral and documentary were taken, the High Court, presided over by Aninakwah J (as he then was), delivered its judgment on 6 July 200 l, upholding the petition. The court held that the appellant was not qualified at the time of the election, to be elected a Member of Parliament for the Wulensi Constituency. Consequently, his purported e...