action that they have taken and that the action was unlawful and so too for the Chief
Elections Officer.
[46]
Counsel Mrs. Baron-Royer also submitted that there has been a complete failure on the
part of the Claimants to disclose any relevant material facts and their pleadings which
consists of general comments fails to identify any wrongful action or inaction taken by the
Electoral Commission or the members thereof in respect of the Claimants and the Claims
are vague, embarrassing and disclose no reasonable cause of action.
[47]
Learned counsel, Mrs.. Baron-Royer, contended that the Electoral Commission has not
been sued and in fact it has no capacity to be sued. She further contended that reference
to the Electoral Commission cannot be said to mean the second through seventh
Defendants who are members of the Commission and who have been sued in their
personal capacities. Learned Counsel, Mrs. Baron-Royer submitted that subject to the
Claimants showing otherwise there are no allegations against these Defendants in the
Claim and that they should therefore be struck from the Claim.
[48]
Counsel Mrs. Baron-Royer in reviewing the Claimants Claim said that:
(i)
These paragraphs do not disclose a cause of action against the eighth
Defendant the Chief Elections Officer even if she were amenable to suit.
(ii)
There are no details stating what it is that the Chief Elections Officer did
that was unlawful, or what was the unlawful conduct of the Chief Elections
Officer neither were any details given.
(iii)
The court is being asked to declare that the by-elections were unconstitutional
null and void and of no legal effect and he submitted that these are not
declarations that the Court could make against the 3rd to the 8th Defendants, that
there is no evidence in the claimants’ affidavits that the 3rd to 8th Defendants were
responsible for calling the by-elections or for issuing a writ for the By-elections to
be held. That Part 3 of House of Assembly Elections Act 21 deals with the
arrangements for elections. That Sections 12-15 deal with the question of the
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Cap 2:01
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