Renowned lawyer, Atta Akyea has challenged opposition claim that Nana Addo Dankwa Akufo-Addo, the New Patriotic Party’s Presidential Candidate was not properly elected by delegates at the party’s congress held at the University of Ghana, Legon, last December.
According to the National Democratic Congress, Nana Akufo-Addo was “imposed? on the NPP because he could not attain the 50+ votes required in the party?s constitution, when his only contender in the run-off, Alan Kyerematen acknowledged Akufo-Addo?s victory and openly said to the congress he was withdrawing from the run-off contest, which required only a simple majority.
But, Mr Atta Akyea in an article in today?s Statesman refers to a ruling given some 20 years ago by the current Chief Justice, Her Ladyship, Mrs Georgina Theodora Wood (nee Lutterodt).
In that case, Eshun & Others v Poku & Others [1989-90] 2 GLR 572, Mrs Georgina Wood, then a High Court judge, said it would be absurd to interpret an association?s constitution to mean that they ?should go through the rituals of a secret ballot where a candidate has been returned unopposed.?
She added, ?On the contrary, the correct interpretation to be placed on that article was that where a candidate was returned unopposed, he should be declared elected by a simple majority. The very fact that he had been returned unopposed was a clear indication of having obtained a simple majority. The elections were therefore properly held.?
Read the full article on www.statesmanonline.com
Source: GhanaWeb
