The Democratic National Congress (NDC), Member of Parliament (MP) for Ashaiman constituency Ernest Henry Norgbey (the claimant) withdrew a claim that was pending before the High Court for Human Rights chaired by the judge Gifty Agyei Addo, seeking to prohibit the Election Commission (EC) from complying with its decision not to disclose information on public procurement under the Right to Information Act because Parliament has not yet legislated on the appropriate fees applicable to anyone wishing to obtain information from state institutions.
The plaintiff filed a petition with the Court of Human Rights to obtain documents regarding the CE and Thales contract under the Right to Information Act.
The BOI filed a response and argued that the action is not warranted since Parliament failed to set the fees to be paid for the disclosure of information under the Right to Information Act.
The plaintiff (Norgbe) then filed an application for a (mandatory) provisional injunction to obtain the information required in the main action. The Election Commission and its lawyers again opposed this request on the grounds that a decision by injunction determines the main action and renders the main action ineffective.
The applicant, dissatisfied with the turn of events, again filed a request for questioning seeking the same documents and answers to the questions posed in the main action. The Election Commission again filed an affidavit opposing it that its determination somehow rendered the main action ineffective.
When the case was heard today on June 2, 2020, the court of Justice Gifty Adjei Addo raised the issue of the two claims determining the main action and that she was prepared to hear the main action rather than the interrogations and the injunction request because it agrees with the issues raised in the opposing EC affidavits.
The plaintiff’s lawyer, Dr Abdul Bassit Bamba, humbly withdrew the interrogations and injunction requests and these were struck out as withdrawn by the Court.
The court then ordered both parties to file their written submissions regarding their respective positions in the main action within 10 days and adjourned the case until June 18, 2020 for a hearing. There was no order as to the cost.