It’s not over yet; NDP directs lawyers to refile disqualification case

The National Democratic Party (NDP) has directed its lawyers to immediately refile the case in court in protest of the disqualification of its flagbearer, Nana Konadu Agyeman Rawlings from the 2016 presidential race.

An Accra High Accra High Court hearing the case struck out the case on Thursday on procedural grounds.

According to the ruling delivered by Justice George K. Koomson, the decision was due to a wrong procedure used by Nana Konadu in filing her whence making the case “incompetent.”

In his ruling the judge indicated that the applicants were wrong to include an application for judicial review and the enforcement of fundamental human rights in one writ.

Meanwhile a statement signed by Mohammed Frimpong, Secretary General of the NDP said though they disagree with the reason for which their case was shot down, they respect the ruling.

“Of the seven objections raised by the EC, six were dismissed. The court however upheld one objection that we were not permitted to ask for Judicial Review and Enforcement of Fundamental Human rights in the same case, even if all the facts and circumstances are the same. While we may disagree with the court on this point, we respect the ruling. We were even more gratified about the judge’s closing statement that ‘the door is still open.’”

“We have therefore instructed our lawyers to immediately file an action to enforce our rights that we believe the Electoral Commission has blatantly violated leading to its decision not to accept our nomination forms and then disqualify our candidates from contesting in the 2016 presidential election,” the statement added.

Mr. Frimpong further assured supporters of thepart that they would fight the case to its logical conclusion.

“…this matter is not over, not by a long shot. We shall continue to fight to ensure that persons in public offices respect the Constitution of the land and laws that are passed to protect ordinary citizens from arbitrariness, capriciousness and prejudice, and actions that breach the due process of law and requirements imposed by law.”

Background

Nana Konadu together with her party and her running mate sued the Electoral Commission last week and added the Attorney General to the case over her disqualification from the presidential race.

They were seeking an “interlocutory injunction, prohibiting and restraining” the Electoral Commission and its agents from going ahead with the balloting of presidential candidate until the court settles the matter.

She also prayed the court to stop the EC from doing the following:

  1. posting any notices at any constituency centres, specifying the names of candidates purportedly nominated and the persons who have proposed and supported each of the purportedly nominated candidates for the 2016 presidential election, without including name of the 2nd application;
  2. Allocating symbols and colours to the purportedly nominated candidates for the 2016 presidential election, without allocating symbols and colours to the 2nd applicant; and
  3. Publishing any notices of poll in the Gazette and in places in constituencies around the country with respect to the 2016 presidential election, without including the name of the 2nd applicant.

The NDP flagbearer in another suit,  prayed the court to declare as illegal the deadline the EC set for receiving nominations and “a further declaration that the EC erred in law when it decided not to accept the applicants nomination thereby wrongfully and illegal disqualifying the applicants from contesting in the 2016 presidential elections.”

They are also seeking an order quashing the EC’s decision not to accept Konadu’s nominations and an order compelling the EC to accept her nomination and to include her name on the ballot for the 2016 presidential election.

Nana Konadu was disqualified with 12 other presidential nominees because they failed to meet some requirements of the electoral laws ahead of the December polls.

PPP to go to Supreme Court if…

The Progressive People’s Party (PPP) which is also fighting the disqualification of its flagbearer, Dr. Papa Kwesi Nduom in court, has earlier stated that it will go to the Supreme Court if the High Court hearing its case fails to rule in its favour.

Nduom, PPP, Court Case agaisnt EC

In response to a question on what the party would do if the judgment does not go its way, Lawyer for the PPP, Ayikoi Otoo simply told Citi News’ Fred Djabanor that “we will go to the Supreme Court.”

By: Godwin A. Allotey/citifmonline.com/Ghana
Follow @AlloteyGodwin

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