Injunction against EC unnecessary - da Rocha

Page 17: Daily Graphic, January 3, 2009.
Story: Albert K. Salia
A FORMER Chairman of the New Patriotic Party (NPP) and legal luminary, Mr B.J. da Rocha, has stated that the move by his party to obtain a court injunction against the Electoral Commission (EC) is unnecessary.
He said the Commission, under the 1992 Constitution, was an independent body in the performance of its functions and was subject only to the Constitution and not subject to the direction or authority of any person.
He told the Daily Graphic in response to the writ filed by the NPP to restrain the Commission from conducting the election in the Tain Constituency that the “court cannot tell the EC to hold an election or not to do so”.
Mr da Rocha said it was only when an election had been held and the results declared that any aggrieved person could go to court and give reasons why he or she thought the results were flawed.
“It is my opinion that the court cannot stop the EC from declaring the results,” he stated.
He, therefore, urged the NPP to abandon the court action and allow the EC to do its work.
“We do no want a situation when on January 7 there is nobody to be sworn-in as President in succession to President Kufuor, because he cannot continue to stay in office even one minute after his term has expired,” he stated.
Mr da Rocha said it was, therefore, not in the interest of the NPP, the NDC and the nation that there would be nobody to be sworn in as President on January 7.
He said he agreed with the statement issued by the President calling on the NPP to allow the EC to do its work.