In a recent legal development, the High Court in Tema has dismissed a contempt application against Jean Mensa, Chairperson of the Electoral Commission (EC), and her two deputies, Dr. Bossman Eric Asare and Samuel Tettey. The applicant, Ayitah Precious, failed to ensure proper service, leading to the court’s decision.
Ayitah Precious had sought court intervention to hold the EC leadership in contempt over issues related to the Limited Voter Registration exercise. The court, presided over by Justice Patricia Quansah, ruled that the application lacked proper service, and in an unprecedented move, imposed a cost of GHC2,000 on the applicant.
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According to Justine Amenuvor, counsel for the Electoral Commission, neither the Commission nor the named respondent commissioners were duly served with the proceedings relied upon for the application. Amenuvor argued that the application lacked a basis according to the applicant’s search conducted at the court registry, attached to the application as Exhibit “AP5.”
The legal representative further asserted that the applicant served the application on an individual with an unknown position within the Electoral Commission, as per her search report. The proceedings, according to counsel, only became known to the respondent commissioners after the limited registration exercise had already commenced.
Ayitah Precious, a private citizen who described herself as an unregistered voter, had initially filed an originating motion on September 8, challenging the EC’s decision to restrict the limited voter registration exercise to its 268 district offices. Despite the pending application, the EC proceeded with the exercise, prompting Ayitah Precious to file a contempt application on September 12.
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In her contempt application, she urged the court to hold both Jean Mensa and her two deputies in contempt for allegedly disregarding the notice, issuing a public notice, and proceeding with the action that was meant to be challenged.
However, the High Court, after hearing the arguments from both parties, dismissed the motion for contempt and imposed a cost of GHC2,000 against Ayitah Precious in favor of the respondents. Meanwhile, the substantive matter, which had become moot as the exercise was completed by October 16, 2023, had been withdrawn.
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