The High Court in Tamale has instructed the Electoral Commission (EC) in Walewale to open the ballot box and provide copies of the voter register from the New Patriotic Party’s Parliamentary primaries.

Justice Richard Marc Kogyapwah, a Court of Appeal Judge serving as an additional High Court Judge, also directed the EC to allow access to the evidence used in the electoral process.

These directives came after Haija Lariba Zuwera Abudu, a former Minister for Gender, Children, and Social Protection, and a defeated Parliamentary candidate, filed a legal action.

Madam Abudu brought the case against her opponent, Dr. Kabiru Tia Mahama, and the NPP, alleging that the election involved over-voting and the inclusion of deceased delegates, and requested the court to annul the results and order a re-run.

Despite three court sessions in Tamale, neither Dr. Kabiru Tia Mahama nor his legal team appeared to contest the motion filed against the plaintiff.

Petition

On August 1, they also filed a petition with Chief Justice Gertrude Araba Torkornoo, accusing the trial judge of bias after seeing the Member of Parliament at an event with the judge, who was in the constituency on official duties.

The claim of bias against the trial judge was rejected, permitting the parties to proceed with their motion.

Ruling

On August 7, 2024, the Court ruled in favor of the plaintiff's request to access the ballot box and photo album from the January 7, 2024 NPP Parliamentary Election. It also ordered that copies of the voter register used be made available.

Justice Richard Marc Kogyapwah directed the court registrar to notify all defendants of the hearing through electronic methods such as WhatsApp and other social media platforms, as well as posting notices at the second defendant’s residence, Yizo House in Walewale, and on the court’s notice board, ahead of the case management and potential trial scheduled for August 14, 2024.

During the court proceedings, Wahidu was seen using a Samsung phone to record the court session without authorization. A female police officer stationed at the court questioned him, and he responded by threatening her when she asked for his phone.

This incident caused a 5-minute delay in the proceedings. Wahidu was promptly arrested by police officers for contempt of court.

In a subsequent interview with GHOne News, Sylvester Isang (ESQ), the plaintiff’s counsel, confirmed after reviewing the photo album that there was evidence of double voting, voting by deceased delegates, and absentee voting, among other issues.

“We are grateful to the court for granting us access to our material evidence, which we can confirm has been our suspicion. We shall present our findings to the court. We hope our other concerns will be granted,” counsel reiterated.

The case has been rescheduled for August 14, 2024, to conduct case management and potentially begin the trial.