The Respondents arguments on The party agents arguments Will NOT WORK here:: _________________******* In Apaloo v. The Electoral Commission, JSC Atuguba on the role of agents held as follows: "The ascertainment of the identity of a prospective voter is part of the conduct of public elections and as the Constitution places that duty on the Electoral Commission, it can only do so by itself and its proper agents… to surrender the judgment of the presiding officer as to the identity of a voter to the candidate‟s polling agents, is in effect, to delegate that function to those agents, contrary to articles 45 (c) and 46 of the Constitution" Important reference ought to be made in the George Amoo case, candidate Amoo had agents in all polling stations in his constituency. In fact, all his agents signed onto the blue sheet. Again, his accredited representatives at the constituency collation center also signed the declaration sheets. Dissatisfied with the outcome, Geroge Amoo petitioned the High court and proved substantial irregularities and court ruled in his favour. The "his agents signed" arguments were rejected by the presiding judge. Again, in Enos v Electoral Commission [1999-2000]1 GLR 564at 565, the High Court ruled in favour of the NPP petitioner and again rejected the polling agents arguments. The court held as follows: "even though the election itself had been conducted in accordance with the law, the court found that had the breaches by the returning officer of the Electoral Commission not occurred, the petitioner would have been declared the winner. The petitioner had therefore been caused incalculable harm by the breaches caused by the officer, which had substantially affected the results. Accordingly, in compliance with section 19(b) of PNDCL 284, the court declared the petitioner, and not the respondent, as duly elected. Furthermore, in compliance with section 22(1) of PNDCL 284, the court certified its decision to the Electoral Commission." This shows clearly that the Supreme Court of Ghana places more emphasis on EC Presiding officers than party agents. That has been the case and will never change.
Posted on: Sat, 10 Aug 2013 17:33:47 +0000
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