Judgement on Nduom’s disqualification case against EC [Full text]

An Accra High Court on Friday ruled in favour of the flagbearer of the Progressive People’s Party (PPP), Dr. Papa Kwesi Nduom who was challenging his disqualification from the 2016 presidential race by the Electoral Commission (EC).

The EC rejected Dr. Nduom’s nomination claiming the number of subscribers to his forms did not meet the requirements of Regulation 7 (2) (b) of CI 94 [the law regulating the conduct of the 2016 election].

According to the commission, one of the subscribers endorsed the form with different signatures in both portions of the nomination form, raising questions about the legitimacy of one or both signatures.

But lawyers of the PPP argued that the EC did not give them the opportunity to correct the errors on the nomination forms.

They further prayed the court to stop the EC from going ahead with balloting of presidential candidates until the case was decided.

Meanwhile, the court presided over by Justice Eric Kyei Baffour ordered the commission to allow the PPP correct the anomalies on the nomination forms of its flagbearer.

“I will proceed after quashing the decision of the Respondents disqualifying the Applicant as a candidate and order that the Respondents afford opportunity to the Applicant to make the necessary alteration or amendment to its nomination paper for it to receive same and then proceed to determine whether the Applicant had met all the criteria laid down by the laws of the Republic, in line with its duty laid down by C.I. 94. EC has no basis to complain that nomination period has closed when they did not set one. They only set nomination day under regulation 7 but not nomination period under regulation 9(2) as I have already found. The time frame to afford the Applicant is entirely within the discretion of the Respondents being mindful of the limited time available for the elections on December 7, 2016,” Justice Eric Kyei Baffour stated.

 

Click here for the court’s full judgment

By: citifmonline.com/Ghana

Comments