An Accra High Court judge has told the Electoral Commission (EC) of Ghana to make way for the Presidential Candidate of the Progressive People’s Party to correct anomalies cited on his nomination form.
The court said the EC breached the law of natural justice in disqualifying Dr Nduom from the race, and, therefore, asked the election management body to allow him to make the necessary corrections on his nomination forms.
Dr Nduom, according to the EC, was disqualified because “the number of subscribers to his forms did not meet the requirements of Regulation 7 (2) (b) of CI 94".
The PPP then filed a lawsuit seeking to restrain the EC from proceeding with the balloting for positions of presidential candidates.
But on Friday, His Lordship Kyei Baffuor sitting at the Commercial Court 7, made it clear that the EC should have given Dr Nduom an opportunity to correct anomalies on his nomination form before disqualifying him.
"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 K. Baffour, Esq ruled.
Details Of Dr Nduom's Disqualification:
- One subscriber Richard Aseda (‘Asida’ on the Voters’ Register), with Voter ID no 7812003957) endorsed the forms in two different districts (pages 21 and 39).
The subscriber was found to be on the Voter’s Register in one district thereby disqualifying his second subscription and reducing the total number of subscribers to below the minimum required by the Law.
The same subscriber (Richard Aseda (‘Asida’) endorsed the form with different signatures in both portions of the nomination form. This raises questions as to the legitimacy of one or both signatures.
We will refer the matter of the possible forgery of the signature(s) to the Ghana Police Service and the Attorney
General for investigation and prosecution in line with the following sections of the Criminal Offences Act, 1960 (Act 29):
Section 211: Perjury
Section 248: making false declaration etc. for office or voting;
Section 251: Deceiving a public officer
Section 256: Corruption, Intimidation and impersonation in respect of election.”
The PPP took the case to court seeking “an order directed against the 1st respondent in her capacity as returning officer for presidential elections to grant the applicant the opportunity to amend and alter the one anomaly found in his nomination papers as well as accept his nomination papers as amended or altered to enable him contest as a presidential candidate for the 7th December 2016 elections.”
The court, on October 28th, ruled that the EC did not give the PPP fair opportunity to amend mistakes on their nomination forms.
Meanwhile, the town of Elmina, the home of Dr Papa Kwesi Nduom in the Central Region, went into a frenzy after the ruling.
After the court ruling, scores of residents and supporters in the area took to the streets amidst chanting of victory songs and hoisting of PPP flags and paraphernalia in joyous mood.
Most of the residents were heard chanting “Adwuma Wura, Adwuma Wura” to wit, ‘provider of jobs’ – Dr Nduom’s moniker. They were optimistic that Dr Nduom will win the elections to become the next president of Ghana.
Source: Chris Joe Quaicoe/ email: [email protected]
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@ Fred, you have said the wise thing among all i have read. WELL MEANING Ghanaian'S will not have faulted the EC if they had disqualified the J0CKERS like what you mentioned. For me we need to have NDC, NDP, NPP, PNC, PPP, and CPP, on the ballots. The EC should use the back door, call the people back, put the mentioned people back and still disqualify the rest. Trust me, no judge will even hear other clowns case if they are disqualified. A WORD TO THE WISE.
This is all what I was looking forward to. The law is supreme. More vim!!! PPP Happy Victory 2016
Is the EC truly an independent body? It is time EC is placed under the Judiciary.Those who are insulting the EC chair are unfair to her. Ghanaian must now be ready to allow everyone or candidate who fails any examination to be given back his papers to correct any mistakes made which might have been the basis of his failure.That is natural justice for all. JM will surely be sworn in again by the Chief Justice whether we like it or not.
He has suffered too many setbacks of late give him the chance to participate in the context. However, the EC must be given the power to establish a cutoff point for presidential aspirants who would not be meticulous in completing their forms in the future, or who may be lackadaisical expecting that the EC would correct their mistakes for them. The law has the final say
We are in a country where someone thinks he/she has power but forgetting someone has POWERS. The electoral commission for that matter Madam Charlotte Osei thought they are using they law as they wish forgetting they left loopholes. God has spoken and we the PPP are back on the ballot paper. Join the progressive TEAM now to make a change
Hhhmmm!!! Ghana fuo paa di33, what is wrong with us at all?? why the insults on this lady? is it not the same court we hv been branding as corrupt because some of its ruling were not in our favor? today you all are hailing the sourt, good one, but let the same people not blame the court if a presidential candidate takes its cas tothe court and it does not rule in their favour. A word to all NPP members. Welcome Dr. Paa Kwasi Ndum, cos now I will cast my vote, cos, seriously I did not know who to Vote for.
This is miscarriage of justice how do you stop Nana Konadu and say Ndoum must go and correct his mistakes. This would throw our elections to the Dogs. Law and Procedure are always working in tandem. This is a disgrace to our political runway and such decisions would derail the build up and become lawless.
Who say man no dey man dey papa.PPP allllllll de way
Let be humbly advice Paa Kwesi Nduom to resist any attempt to attack NPP Party again. His focused should be on the ruling party NDC. Against every background, is NPP lawyer that saved his party.
She used these parties to make a case against Npp voter register petition and was laughing when she allowed akua donkor to spew rubbish now she wants to cast them aside... Awuraba u can't eat your cake and have it arrogant Vicky Hammer doppelganger