IN THE MATTER OF ARTICLE 99 OF THE 1992 CONSTITUTION OF GHANA AND IN THE MATTER OF THE REPRESENTATION OF THE PEOPLE LAW, 1992(PNDCL 284) AND IN THE MATTER OF A PARLIAMENTARY ELECTION FOR WULENSI CONSTITUENCY HELD ON 7TH DECEMBER, 2000

Following the 7th December 2000 parliamentary elections for the Wulensi Constituency, Mr. Fuseini Zakaria, a registered voter, petitioned the High Court alleging that Mr. Samuel Nyimakan, the declared winner, was not qualified to be elected as Member of Parliament. 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 appealed to the Supreme Court, which was challenged on jurisdictional grounds by the Respondent.

DR. S. TWUM, J.S.C.: On 7th 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 of the 1992 Constitution of Ghana and the Representation of the People Law 1992 (PNDCL 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 was taken, the High Court, presided over by Aninakwa, J. (as he then was) delivered its judgment on 6th July, 2001, 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 election was void. The Appellant appe...