Ratio Decidendi



ENOS
V.
ELECTORAL COMMISSION AND ANOTHER

(1999) JELR 65467 (HC)    
High Court  ·  19 Nov 1999 ·  Ghana
CORAM
HEWARD-MILLS J

Ratio Decidendi

Core Terms Beta
error
results
mr yirenkyi
omission
human error
returning officer
new patriotic party candidate
second respondent
constituency center
electoral officers
reasonable cause
representative of the petitioner
substantial breach of the law
ballot papers
breach of an electoral law
cape coast
completed compilation
court finds
court q
cross-examination
declaration sheet
election of a candidate
election petition
election results
english cases
following questions
high court
invalidation of election results
necessary arrangements
open court
original declaration forms
original documents
parliamentary elections
police commander
polling station
possession of the first respondent
presiding officers
provision of this law
public elections regulations
regional office of the electoral commission
re kensington north parliamentary election
representation of the people law
result of the election
results of the compilation
retuning officer
second witness
stations of the ajumako-enyan-essiam constituency
uncorrected declaration
voters’ names
votes of the special voting

HEWARD-MILLS J.

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.

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 exerc…

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