The Supreme Court has ordered the Electoral Commission(EC) of Ghana to extend close of nomination period from today Monday, November 07, 2016 to tomorrow Tuesday, November 08, 2016.
The ruling read by Justice Sophia Adinyira, the presiding judge is to enable all the disqualified candidates to correct errors on their nomination forms.
The Supreme Court, in a unanimous decision, threw out the EC's suit challenging an High court ruling asking them to allow the PPP's presidential candidate Dr Papa Kwesi Nduom to correct his nomination form errors.
A seven-member panel in the Monday ruling asked the commission to extend the nomination period to November 8, 2016 to give room for the other candidates to correct their mistakes in order to contest in the December polls.
The court also ordered the discontinuation of the various court cases regarding the disqualification of other presidential aspirants.
The EC disqualified several presidential candidates from the December polls for various errors detected in their nomination forms.
Supreme Court's Directive:
The Supreme Court mindful of the importance that elections should be concluded as early as possible according to time schedule and the limited time available for the Applicant to complete processes prior to the printing of presidential ballot papers and collation sheets etc, and in order to ensure prevalence of justice equity and fairness in the election process we thereby proceed to give the following directives while taking judicial notice of the plethora of cases pending in various High Courts with similar claims and cause of action:
1. The EC is to extend the nomination period from today Monday 7 November 2016 to the close of working day of Tuesday 8 November 2016.
2. Invite all the disqualified presidential candidates who were able to submit their nomination papers by the close of the nomination day of 30 October 2016.
3. To give the candidates a hearing within the extended period.
4. In appropriate cases, to afford candidates, the opportunity to comply with regulation 9 (2) (b)
5. The EC to declare the names of candidates so nominated per regulations 7, 8, and 9 of CI. 94; by the close of working day of Wednesday 9 November 2016.
6. Balloting of positions of candidates to take place the next day by the close of working day of Thursday 10 November.
7. As a result of the above directives, we find it necessary to make a consequential order to stay all court proceedings against the Applicant in relation to disqualification of pending in the High Court, to enable the EC to carry out its mandate;
8. We accordingly stay all proceedings in the High Court as aforesaid.
Source: Chris Joe Quaicoe/ email: [email protected]
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Charlotte Osei so far so poor job done.It is not out of place if she is asked to resign.
Was it not your Gen. Sec. Aseidu Nkietia who said any idi0t can go to court. We the Npp believes in democracy and rules of law in Gh. we are not like you and your Ndc that wake to the EC with Knifes, Hammer, etc. to force the EC to declare your candidate the winnerof an election .Incompetent John Mahama appoints Incompetent EC Boss .
Mrs. Charlotte Osei, Chairperson of EC, why do you want to joke with our growing democracy? Look at what has happened to you. Now where will you go again?
'Oyiwa, mekaa y3, ereba a na 3y3'.4 down, and 1 more to go on the 7th dec.2016. She will know her smoothness level.
May be Mrs. Big mouth Charlotte Osei and her cabals planning the rig the elections to please the master-goat Mahama will see another illusion and will start the sheepish chase again: Apply for review to Ecowas Court, and if you are not happy to International Court of Justice... probably you will also appeal to your village chief...
Very interesting the way most people understand the beauty of democracy and the rule of law. People think everyone has the right to go to court but the EC doesn't have the right to go to court. Even nana Addo who lost the 2012 election believed in the rule of law and went to court, so I cannot fathom why people blame the EC for going to court for interpretation on issues. I strongly believed that this ruling was exactly what EC was expecting because the chairperson said exactly that on BBC. Now nana Addo is likely to contest 13 more candidates who are going to waste most votes which could make him have one touch victory. The interesting thing is that in a round off, the candidates with most parliamentary seats is likely to win. Just imagine nana konadu or ndoum or Edward mahama each garner 2 percent and ivor gets 3 percent with all the rest getting a total of 2 percent, this means either nana Addo or John mahama would lose as much as 11 percent. Considering the fact that in Ghanaian election, incumbent government does not lose election in first round, I do not see how nana Addo can easily be president of Ghana 16 people contesting him. This means he is going to debate ayariga again. Even though this is good for democracy it is not good for the too main contenders at all. The rest of the parties are distraction.
BUT THIS IS A FORGONE CONCLUSION!!! WHAT WAS THE EC ARGUING ABOUT? THE EC SHOULD HAVE TAKEN A CUE FROM THE ELECTION PETITION TO KNOW THE GENERAL PHILOSOPHY OF THE COURTS IN ADHERENCE TO THE CONSTITUTION.THAT NO ONE SHOULD BE DENIED OF THEIR CONSTITUTIONAL RIGHT FOR DEMOCRACY (EMPHASIS MINE). THE COURTS HAVE SHOWN TIME AND TIME AGAIN THAT THAT THEY WILL NOT DISENFRANCHISE ANYONE WHEN IT COMES TO DEMOCRACY. THAT IS WHY THEY REFUSED TO ANNUL ANY VOTE SO FAR AS IT MEETS THE LOWEST THRESHOLD THAT IS IF THERE IS ANY LIKELIHOOD THAT THE VOTER HAS BEEN CHECKED AND THERE IS NO DOUBLE VOTING. THIS IS LEGAL PHILOSOPHY AND STRATEGY NOT AN ABILITY TO QUOTE LAWS.
To be honest with Ghanaians, this woman, Charlotte Osei should resign as EC Chairperson with immediate effect. This 3rd court ruling against her outfit in 1 weeks or 10 days is a big big blow to her integrity
So the EC is not independent as Charlotte Osie has being shouting it on roof tops. SC says go and do 8 specific things - yes because the SC sees inexperience and incompetence on the part of the EC Chair so they decided to help her. I am sure Charlotte will not say go to court, go to court again. She should go to Afari Djan for help. This lady's intransigence has made Afari Djan look like a perfect being. The political colouration of Charllotte is too deep - working to make John Mahama president again - na lie !!!!!!
Should the EC be told what to do step-by-step all the time? I understand they are all educated people at the EC, with some of them 'lawyers'.What experience did they get working elsewhere before coming to the EC? Or they are motivated by other things other than the desire to work for their country? This is a sad day agin, for the EC. This EC is writing a bad history for themselves in this country.