Court dismisses case against Independent candidate in Effutu

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The Winneba District Court has dismissed the case against Louisa Buabeng, an independent parliamentary candidate in the Effutu Constituency, and her campaign coordinator, Dauda Murtalib Moukazil, citing insufficient evidence from the prosecution.

The case began following Buabeng’s arrest after filing a lawsuit against the Electoral Commission (EC) for allegedly breaching her privacy.

She claimed that her nomination forms, submitted to the EC, were obtained and read verbatim on radio by the incumbent Member of Parliament, Alexander Afenyo-Markin.

Despite a court directive for the police to await her counsel’s production of her, Ms Buabeng was arrested and later granted bail. She was rearrested on November 23, 2024, after police found a voter ID card in her campaign coordinator’s possession, leading to charges of “unlawful possession of documents” and “conspiracy to commit crime.”

Initially charged under the EC Act, prosecution revised the charges under CI 91 after counsel pointed out discrepancies in the legal basis. However, the court, presided over by Her Worship Josephine Abigail Fosuaa Appiah, handed a four-day remand to the accused persons.

Prosecution’s inability to produce the accused in court during subsequent hearings, including during special voting, sparked tension among Buabeng’s supporters.

The court eventually granted bail conditions of GHC50,000 and three sureties, including a police officer of chief inspector rank. This was later revised to GHC50,000 with one surety each by the Cape Coast High Court.

On three separate occasions, the prosecution failed to present evidence, prompting the court to strike out the case on December 10, 2024, for want of prosecution.

Ms Buabeng’s counsel, Jennifred Maurice Adjei, described the prosecution’s repeated delays as a failure to substantiate their charges.

“They had no document to support the offence,” he told 3news.com, adding that the court’s decision to discharge his client was warranted.

The counsel announced plans to file lawsuits against the state for human rights violations, malicious prosecution, false imprisonment, unlawful arrest, and defamation.

He is seeking GHC4 million in compensation and has vowed to pursue legal remedies to vindicate his client’s rights.

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