(b) with respect to the persons by whom, the manner in which
and the conditions upon which proceedings for the
determination of any question such as is mentioned in the
preceding paragraph may be instituted in the Court of
Appeal,
and, subject to any provisions made under subparagraph (b), provision may
be made with respect to the matters referred to therein by rules of court.
(6) Subject to the provisions of paragraph (4), an instrument which –
(a)
is expected under the hand of the Chairman of the Elections
Commission; and
(b)
states that a person named in the instrument was declared
elected as President at an election held pursuant to the
provision of article 60(2),
shall be conclusive evidence that the person so named was so elected and
no question as to the validity of the election as the President of the person
so named shall be enquired into any court.
The Application made to the Court of Appeal
[12]
Ms David’s Application to the Court of Appeal outlined that she was seeking
Orders that (a)
GECOM had failed (or, presumably, was failing) to determine a
final credible count and or the credibility of the result of the
Elections as required by Order 60;
(b)
The Court should interpret the words ‘more votes are cast’ in Article
177 (2) (b); and
(c)
The CEO should be restrained from complying with the Direction
of the GECOM Chairperson, as set out in the Chairperson’s letter of
16 June, without GECOM determining ‘the final credible count’ and
or the credibility of the Elections as required by Order No. 60 of
2020 and s 96 of the Representation of the People Act.