Court dismisses case against Independent PC in Effutu

The Winneba District Court has dismissed the case against, Louisa Buabeng, an independent parliamentary candidate who contested in the recent elections in the Effutu Constituency.

This follows prosecution’s failure to gather enough evidence on the charges against the candidate and her campaign coordinator Dauda Murtalib Moukazil.

The independent candidate was initially arrested by police immediately after the Winneba High Court heard a case she had brought against the Electoral Commission for “breach of privacy” as she held that her nomination forms she filed with the EC had reached the possession of the Member of Parliament for Effutu Alexander Afenyo-Markin and same read verbatim on radio by the latter.

Despite the court’s order to the Police to cease the arrest and rather wait on the candidate’s counsel to produce her, the Police whisked her away but later granted her bail.

She was however rearrested and presented before the Winneba District Court on 23rd November, 2024 after Police found a voter identity card in the room of her campaign coordinator Dauda Murtalib Moukazil.

Police initially charged them with “unlawful possession of documents” and “conspiracy to commit crime” under “Section 29(1) of the Electoral Commission’s Act, Act 451 but later revised and charge them under CI 91 regulation 29 sub regulation 2 after counsel for the accused persons drew the attention of the court that the EC’s Act had no section 29.

The court presided over by Her Worship Josephine Abigail Fosuaa Appiah, however, proceeded to hand a four-day remand term to the accused persons.

Prosecution however failed to produce the accused persons in court on December 2, 2024 sparking drama at the court as the independent candidate’s supporters could not comprehend why she was in custody while special voting was being held.

The court granted a bail of “GHC50,000 and three sureties with one of them being a serving police officer within the jurisdiction with his rank not below that of a chief inspector” each to the accused persons in absentia.

Describing the second aspect of the condition as unrealistic, counsel for the candidate, Jennifred Adjei Maurice sought refuge at the Cape Coast High Court and the court presided by His Lordship John Mark Nuku Alifo revised the bail conditions to GHC50,000 and one surety each for the accused persons.

On three consecutive occasions, however, prosecution failed to produce evidence before the Winneba District Court causing the court presided by Her Worship Josephine Abigail Fosuaa Appiah to strike out the case for want of prosecution and further discharging the accused persons on December 10, 2024.

Counsel for the candidate Jennifred Maurice Adjei in a correspondence with 3news.com said “Yes, the prosecution for three adjournments claimed they were still investigating the case. They still had not done anything and had no document to support the offence they charged them with. So, I prayed the court to strike out the case and discharge my client and the other accused person until when the prosecution feels it is ready to continue with the matter and the court agreed to it and did same.”

Meanwhile, he has announced his intention to file a case against the state for violating the rights of his client and will be seeking a GHC4million compensation.

“I have already prepared a case for the Human Rights Court and another one for malicious prosecution, false imprisonment, unlawful arrest, unlawful search and defamation of character and we are seeking compensation of about 4million cedis.”- he told 3news.com.

The determined counsel has resolved to “go to every length legally to ensure their rights are vindicated”.

Louisa Buabeng, the independent candidate gained 81 out of the total valid votes cast of 58,976 in the Effutu Constituency parliamentary elections.

By Akwasi Addo

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