High Court quashes EC disqualification of PPP presidential candidate

An Accra High Court on Friday overturned the decision of the Electoral Commission (EC) to disqualify Dr Papa Kwesi Nduom, the Progressive Peoples Party (PPP) flag bearer from contesting the December presidential polls.

The court ruled that the denial of Dr Nduom by the EC was fatal and incurably bad and ordered the EC to allow him to make amends and alterations on his nomination form and same accepted by the commission.

Quashing the decision of the EC, the court presided over by Mr Justice Eric Kyei Baffour ruled that “the EC had no basis to complain that the nomination period  had closed when they had not set  any dates.’’

“They (EC) only set nomination day under the regulation 7 but not nomination period under regulation 96 of CI 94…I trust and hold  that this ruling would dissolve the perception about CI 94 especially regulation 7 and 9 that had been area of controversy. ””

According to the court the PPP had made case for the grant of the order of certiorari and prohibition, adding, the EC could not claim immunity of the court’s direction.

It noted that, “No man shall be condemned until he has been given opportunity to be heard.”

The court said in a release by the EC, the date for submitting the nomination form was conspicuously missing, adding, the EC on receipt should have informed parties of any anomaly.

The court, however, did not award costs to any of the parties.

Soon after the ruling, Mr Ayikoi Otoo, lead Counsel for Dr Nduom, prayed the court for cost.

Mr Thaddeus Sory who represented the EC said there was no need for the court to award cost because all their reliefs they sought had been granted by court.

The court’s decision was greeted with joy and jubilation by hundreds of PPP supporters who had thronged to the court.

The emergence of Dr Nduom and his wife and running mate, Mrs Bridgette Dzorgbenuku the party”s supporters sang to praise Dr Nduom. It took the Police hell of time to walk them through the crowd to join his car.

Addressing the crowd in open top of his vehicle, Dr Nduom thanked God and his supporters for rallying behind him.

He told the crowd that, “We took the action because the situation was beyond me. This case is important for our democracy and development. Today our rights have been restored by the court. I am grateful to everyone.”

The PPP had gone to court to challenge the EC’s decision to disqualify its flag bearer Dr Papa Kwesi Nduom, from contesting the presidential elections.

Dr Nduom represented the PPP in court while Mrs Georgina Opoku Amankwa represented the EC.

Mr Otoo, had earlier prayed the court to grant their application to amend any anomaly found in his client’s nomination forms and directs the EC to accept the forms.

He prayed the court to further grant them an order of prohibition to restrain the EC from balloting for positions in the December polls.

Mr Otoo urged the Court to grant the request because the EC’s disqualification breached the rules of natural justice and that the case was about quashing the decision of the EC.

Mr Sory who represented the EC opposed the application and noted that on the face of law, the EC “who is the Returning Officer shall inform the candidate it had disqualified and it did that.

According to Mr Sory the EC had not erred and rather the PPP should have come to the court to apologise for the error committed.

PP had gone to court seeking an order of the Court to restrain Mrs Charlotte Osei, Chairman of the EC from disqualifying Dr Nduom from contesting the December Presidential election.

On October 10, the EC disqualified the PPP and 12 others for various errors on their nomination forms submitted to the Commission.

Source: GNA