An application for an interim injunction filed by Intelligent Card Productions against the Electoral Commission (EC) was yesterday dismissed by an Accra Fast Track High Court (Commercial Division).
The writ sought to prevent the Commission from allowing other companies to engage in the biometric registration of voters for the 2012 General Elections till the determination of the case by the court.
Intelligent Card Productions had dragged the EC to court over the company’s sudden disqualification from a contract to engage in the exercise by the EC, on grounds that the company was not in good standing at the Attorney General’s Department.
Giving reasons for her decision, Justice Barbara Ackah-Yensu, the presiding judge, stated that after listening to both sides, she had taken into consideration the effect granting such an application would have on the nationwide biometric registration.
According to her, the state would lose a great deal if the application was granted as it would hinder the biometric registration process. She noted that the plaintiff could be compensated if the case went in their favour.
She debunked the assertion by Idun Quarshie, counsel for the EC, and refused granting the application in the interest of the nation. In addition, Justice Ackah-Yensu asked that the case be heard expeditiously but there was no order as to costs against the company, in spite of insistence by the EC counsel for costs.
Earlier, counsel for the productions company, Ace Ankomah, told the court that the sudden disqualification of his client, considering the reasons the EC gave, was not in good faith. He said the defendant did not ask for any specific document for the bidding process but later based its disqualification on the plaintiff’s inability to provide a certificate of incorporation.
Counsel for the plaintiff cited an instance where the EC, after receiving the writ, reportedly went to conduct investigations at the Registrar General’s Department and said they had realized that the company was not in good standing.
He prayed the court to grant the application till the final determination of the case.
Counsel for the EC who responded to the motion said they had done nothing wrong but were interested in following due process for qualifying bidders. He said once they realized the plaintiff was not in good standing at the Registrar-General’s Department, it was only prudent for them to be disqualified.
Mr. Quarshie, who was of the opinion that the application was frivolous and vexatious, prayed the court that the case be dismissed.
Source: Fidelia Achama
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