ENOS vs ELECTORAL COMMISSION AND ANOTHER [1999]DLHC128

Date	1999-11-19
Suit No.
Citation No.	[1999]DLHC128

HEWARD-MILLS J

HARRY HAYFORD FOR THE PETITIONER.

BARTON ODRO FOR THE FIRST RESPONDENT.

YAW BARIMAH FOR THE SECOND RESPONDENT.

[1999]DLHC128
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">ENOS<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">ELECTORAL COMMISSION AND ANOTHER<o:p></o:p>[HIGH COURT, CAPE COAST]<o:p></o:p>[1999-2000] 1 GLR 564<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.0pt;
mso-border-bottom-alt:solid black .5pt;padding:31.0pt 31.0pt 1.0pt 31.0pt;
mso-border-shadow:yes">

<p class="MsoNormal" align="right" style="margin-bottom:5.0pt;text-align:right;
mso-pagination:none;border:none;mso-border-bottom-alt:solid black .5pt;
padding:0in;mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">Date: 19 NOVEMBER 1999<o:p></o:p>

</div>COUNSEL:<o:p></o:p>HARRY HAYFORD FOR THE PETITIONER.BARTON ODRO FOR
THE FIRST RESPONDENT.YAW BARIMAH FOR
THE SECOND RESPONDENT.___________________________________________________________________________________________________________________________CORAM:HEWARD-MILLS J___________________________________________________________________________________________________________________________JUDGMENT OF HEWARD-MILLS J.<o:p></o:p>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.<o:p></o:p>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 his return, the exercise had been
completed. Q sufficiently recovered, returned to the center, received the
completed compilation from G, went out of the office and wrote on the notice
board the results of the compilation declaring the New Patriotic Party
candidate, the second respondent, as the winner.<o:p></o:p>Q and the other electoral officers and the remaining party
representatives were on their way out of the center when they were confronted
by the petitioner and his entourage, including the petitioner’s representative
at the center who had gone out to call him. Q was informed specifically that
there was an error in the calculation. Although Q denies it, both his
assistants, namely O and G, have testified that they all went back to the
office. The figures were recompiled and the error was confirmed. Q, according
to the testimony, apologised and attributed the miscalculation to human error.
The miscalculation had resulted in the New Patriotic Party candidate being
declared the winner with 15,660 votes instead of the petitioner who had in fact
secured 16,292 votes.<o:p></o:p>Q stated that with the jubilation going on outside by the New
Patriotic Party followers, it would have been unwise, indeed dangerous to
attempt to publicly correct the figures. It was agreed that they should all go
to the regional office of the Electoral Commission at Cape Coast to inform
their boss, Mr Yirenkyi, of the error and for the necessary correction to be
made.<o:p></o:p>Mr Yirenkyi on being informed, first directed his investigations
at the police commander who had attended the constituency center. When the
commander assured Yirenkyi that nothing untoward had occurred at the center, Mr
Yirenkyi decided not to do anything in the absence of the New Patriotic Party
candidate and his representatives. Naturally, the New Patriotic Party candidate
having been publicly declared a winner did not heed the invitation to
participate in the investigation. Mr Yirenkyi testified that he was advised by
the Electoral Commissioner to remit the uncorrected declaration to Accra for
formal gazetting and publication in the national papers. The second respondent
took up his seat in Parliament, and has enjoyed all the privileges attached
thereto to date.<o:p></o:p>The original declaration forms still in the possession of the
first respondent were produced during the trial and the computation of votes
received was done in open court by both Q and his assistant G. The resultant
figure proved conclusively that the votes of the petitioner were under declared
by exactly 1,453 votes. During cross-examination, Mr Yirenkyi was asked the
following questions prompting the answers stated:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Q The police are for
security, they don’t check the numbers. <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">A