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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The Commissioners must be lashed from Charlotte to the last person. These guys are only causing fear and panic and they are just ***barred word***. Something they could have use WISDOM to solve they were just twisting their Waist around say "We love the Logo, Mahama likes It and they also like. That is ***barred word***.I.T.Y on their part. Ghanaians change John Mahama and our country will be a Safer Place. Long Live Ghana and Short Live this current Electoral Commissioners.
Nii Ayikoi Otoo vs Ace Ankomah.Hahahahahaha. PPP and NDP
@WORK IN MALAYSIA,EARN $1500 you be ***barred word*** paaaaa, we are talking abt politics and u r talking abt enslaving people. U need to be arrested n persecuted.
we should stop compelling apple to oranges cuz they are not the same, some argue that persons who fail they exam should be given a chance to rewrite but look at it this way when writing exams and part of the exam paper has errors from the examiners like kofi to kufi please please and is not corrected then that question will be bonus either you got it right or wrong so simple the EC have err and should accept it and lets move on as a nation
This is what happens when as a woman you use your backside to take appointment from Jon Mahama who loves to see the undepants of any lady ; what Jon Mahama forgets is that not every man is impressed with nice ladies and their big backside; besides Jon Mahama should understand that it is not every lady that you should wish to see her pants ;Ghanaians need women who can do the job but not this incompetent woman Mrs Osei who seem to display the arrogance of power because she is close to Jon Mahama ; Mrs Osei should also remember that a POSITION IN GOVERNMENT IS NOT YOUR PERSONAL PROPERTY !!!!!!!! and therefore anything you shall do should be subjected to the LAW and natural justice ; today the plans by Jon Mahama and the NDC to use Mrs Osei to rig the elections are falling apart fast besides it is clear Kwesi Ndoum is likely to be the power broker in the next elections if the last election figures are anything to go by because it is unlikely Jon Mahama can win outright ; the case will be worse for the NDC if Nana KOnadu wins her case and appears on the ballot paper ; NDC YOU DAYS A NUMBERED NO MATTER THE ROADS : HOSPITALS AND SCHOOLS YOU HAVE BUILT ; every body can see it was rigged motion to get rid of Mr Ndoum and Nana Konadu
ebobo ba..change is coming like kakai who the cup fit let him wear it..
if you claim president mahama has failed why don't you face him squarely rather than seeking for second round thinking that these parties will support you.how can ndoum being on the ballot bring Nana to power. Just pray that ndoums ppp does divert some of your votes. Pray for for favourable position on the ballot bcos npp and ppp might cause confusion to some illiterate voters. On you skems with those akan judges won't change anything. Remember who Jah bless no one curse
GOD, you are supreme. Man propose God.......
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The people in the NPP are the ones to rule this country. Their lawyer has saved Papa Kwasi Nduom. Where is David Annan, Amaliba & Co. The kind of people ruling this country is the result of the economic hardship. When the wise people in the NPP tell them the truth, they won't understand. I am Voltarian, but I feel proud to be associated with the NPP because of the wisdom in their members. Nii Ayikoi Otoo, God bless you, God bless NPP.