The Kumasi High Court has dismissed an application for injunction to restrain the Electoral Commission and the Asokwa Municipal Assembly from conducting an election for a presiding member for the assembly.
The court, presided over Justice Frederick Tetteh, also awarded a cost of GH¢6,000 against the applicant, Mr Oscar Riches, the Assembly Member for the Asokwa New Town Electoral Area.
Mr Riches was seeking to restrain the respondents from conducting the election without him as a candidate.
It was the case of the plaintiff that his fundamental human rights would be violated if he was excluded from the contest.
He, therefore, prayed the court that the respondents be restrained from excluding him from the contest.
Ruling
In its ruling on Wednesday, the court held that granting the application would cost irreparable damage to the assembly as its works would come to a standstill.
The court averred that the applicant would not lose anything if he did not become the presiding member of the assembly.
According to the court, Mr Riches would still be a member of the assembly and would have the opportunity to make any contribution at the plenary.
The court again held that the residents of Asokwa and his electoral area would be greater losers if the application was granted as decisions from the assembly that would have impact on their lives would have to wait.
Justice Tetteh said the work of the assembly was crucial, particularly during this period of COVID-19 where the assembly would need to approve budgets, form committees and take decisions that would help the people.
Earlier
This is the second time the court has dismissed an application for injunction brought against the two respondents by the applicant.
In the first application in which the applicant was seeking the same reliefs, the court upheld the application by the respondents to dismiss the injunction as Mr Riches failed to give the assembly the mandatory 30 days’ notice as required by the Local Government Act 936 of 2016.
The court dismissed the first application and awarded cost of GH¢10,000 against Mr Riches for failing to comply with Section 210 of Act 936.
Background
Since the inauguration of the new assembly on January 23, 2020, Asokwa has not been able to elect a presiding member.
The first two candidates, Oscar Riches and Bismark Osei Tutu, were later disqualified from contesting the position again per the new standing orders of the Local Government Act 936 (2016).
Two new candidates, Dr Kwabena Boadu, a government appointee, and Nana Yaw Wiredu, the Assembly Member for Ahinsan electoral area, both failed to secure the required two-thirds of votes to enable them to assume the position when they contested the position on two different occasions.
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