Mion NDC parliamentary aspirant sues EC, 1 other

A medical doctor, who lost the National Democratic Congress primary in the Mion constituency by 13 votes, has initiated a legal process to have the results in the constituency cancelled on claims of electoral irregularities.

Dr. Mu-Awiya Zakaria in a writ issued at the Tamale High Court against the Electoral Commission and Mohammed Abdul-Aziz who was declared the winner, claims there were  “wanton violations” in the primary hence the results should not be allowed to stand.

At the end of the November 21 polls, the Electoral Commission declared Mohammed Abdul-Aziz as the winner having garnered 1,652 votes as against the 1,639 votes secured by Dr. Mu-Awiya Zakaria.

But relying on what he claims were irregularities in about six electoral areas and polling stations in the constituency, Dr. Zakaria argues that the mandate of Abdul-Aziz “is not genuine and does not represent the true will of the people”.

“Indeed the entire process has been defiled and the will of the people subverted. Transparency and fairness can only be restored to the process by an annulment of the results of the said polling stations as required, and a recount of the results of the other polling stations before the court as may be required and as the court may find,” his statement of claim states.

The statement filed by his lawyers specifically mentioned Tuwua L/A Primary school polling station, Kulinkegu, Boyoyili and Gunsi Electoral areas, as well as the Dabogni polling station as the areas where the irregularities occurred.

He claims the Presiding Officer for the Tuwula L/A polling station was a campaign team member of Abdul-Aziz and also a Constituency Deputy General Secretary of the NDC, something he says “sins against the party’s constitution”.

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“His name appeared on the declaration sheet as Presiding officer and plaintiff has incontrovertible evidence that he is the constituency deputy secretary of the NDC,” he stated in the statement of claim, adding the fact that a person, other than an officer of the EC, presiding over the election “renders the election an illegality and a nullity”.

He further claimed that in the Kulinkegu and Boyoyili electoral areas certain persons fraudulently signed the results on his behalf whereas those persons are not his agents, contending that EC officials ought to have demanded for their accreditation before allowing those persons to sign for him.

“For this reason, the results of those polling stations were compromised and fundamentally flawed and should be declared as such,” he adds.

In Gunsi Electoral area, he claim that his accredited agent, one Pastor Abdulai was chased away from the polling station as a result of which he was not present to witness the count and sign the results, hence results should be annulled.

Again, he said several votes cast for him were unjustifiably declared as spoilt thereby stripping some electorates of their franchise, “resulting in flawed results and a wrong choice”. He thus wants the court to make a determination based in a recount in open court.

According to Dr. Zakaria after a first collation of results, he emerged the winner with 1,731 votes while Abdul-Aziz had 1,576 votes but only for a second collation to be done showed Abdul-Aziz as the winner with a vote difference of 13.

“Plaintiff says that his agent at the Collation Centre requested for a recount of the ballot but this was refused”, he adds

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By Stephen Kwabena Effah|3news.com

Twitter @steviekgh