issuing of writs and nomination of candidates. That once the writ for elections is
issued by the President the Chief Elections Officer has certain responsibilities to
carry out under the law.
(iv)
The members of the electoral commission do not have any direct role or
responsibilities in those proceedings and it is the returning officers who are the
ones who play the important role in the whole elections process.
[49]
Mrs. Baron- Royer further submitted that that the Claimants have not stated anything that
the 3rd to the 7th Defendants who are members of the Electoral Commission, could have
done that was unlawful, they have not identified any action that they have taken and that
the action was unlawful and so too for the Chief Elections Officer .
[50]
It was also submitted, that the Claimants have not presented any claim that would justify
the court in making a determination or declaration against the third to eighth Defendants
on the grounds that they by themselves or through their agents or servants conducted a
by-election that was unconstitutional, null and void and of no legal effect.
[51]
Counsel further submitted that it may very well be that the claimants may be able to bring
a Claim against some person(s) else to seek the declarations but certainly not against the
third to eighth Defendants as they are seeking to do.
[52]
Mrs. Baron- Royer contends that the Claimants have not put forward a Claim that could
justify the court in making a determination of or declaration against the third to eighth
Defendants that it is clear that there is no sustainable cause of action against the third to
eighth Defendants as such and they should be struck off.
[53] These arguments raise the issue that if numbers three to eight Defendant were properly
joined to these proceedings whether the Claim as filed and amended discloses any
reasonable cause of action against them, whether any wrongdoing has been properly
pleaded against these Defendants.
[54] Learned Counsel, Mr. Richards, on the other hand submits that the Electoral Commission
had a duty to ensure that when it moved it moved on sound legal basis, Counsel contended
that the Claimants clearly show the Commission acted pursuant to the writ issued by the
15