Aiddo Vrs Afriyie & Another [2023] GHAHC 88 (13 January 2023)

Aiddo Vrs Afriyie & Another [2023] GHAHC 88 (13 January 2023)

The breaches of C.I. 127 identified were not fundamental and did not cause substantial injustice to the Petitioner; the evidence failed to prove the Petitioner’s assertion of 265 votes at Asawinso Community Centre ‘2’ Polling Station, and the election was validly conducted, collated, declared, and published. The Petitioner failed to discharge the burden of proof, and the 1st Respondent was duly elected.

Citation
Aiddo Vrs Afriyie & Another [2023] GHAHC 88 (13 January 2023)
Parties
Petitioner: Hon. Paul Evans Aidoo; 1st Respondent: Dr. Kwaku Afriyie; 2nd Respondent: The Electoral Commission of Ghana
Court
ghahc
Jurisdiction
Ghana
Judgment Date
13 January 2023
Procedural Posture
Parliamentary Election Petition / Final Judgment After Trial
Outcome
Petition dismissed; 1st Respondent declared duly elected.
Legal Topics
Parliamentary Election Disputes, Compliance With Electoral Regulations, Burden of Proof, Nullification of Election Results, Procedural Irregularities
Source Language
eng
Election Law Administrative Law Constitutional Law Parliamentary Election Disputes Compliance With Electoral Regulations Burden of Proof Nullification of Election Results Procedural Irregularities

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Hon. Paul Evans Aidoo

Petitioner

Dr. Kwaku Afriyie

1st Respondent

The Electoral Commission of Ghana

2nd Respondent

Procedural Posture

Parliamentary Election Petition / Final Judgment After Trial

Legal Issues

  1. 1 Whether the Returning Officer collated, published, and declared the results of the Parliamentary Election for Sefwi Wiawso Constituency
  2. 2 Whether results from Asawinso Community Centre ‘2’ Polling Station were included in the collation and summary sheets
  3. 3 Whether results were made available to parties/agents after sorting and counting

Ratio Decidendi

The breaches of C.I. 127 identified were not fundamental and did not cause substantial injustice to the Petitioner; the evidence failed to prove the Petitioner’s assertion of 265 votes at Asawinso Community Centre ‘2’ Polling Station, and the election was validly conducted, collated, declared, and published. The Petitioner failed to discharge the burden of proof, and the 1st Respondent was duly elected.

Court Disposition

Petition dismissed; 1st Respondent declared duly elected.

Orders

  • Registrar to certify decision to Electoral Commission and Inspector General of Police.
  • Electoral Commission to comply with section 22(1) of PNDCL 284 within 21 days.