An Accra High Court presided over by Justice Eric Kyei -Baffour, has ordered The Electoral Commission to allow The Progressive Peoples’ Party’s Presidential Candidate Dr.Papa Kwesi Nduom, to make the needed corrections on his nomination forms subject to CI 94, which led to his disqualification from the Presidential race.
According to the Presiding Judge, The Court is impotent to give directions and orders the Counsel for The Electoral Commission, Thaddeus Sory, is seeking.
He stressed that, the applicant’s quest of seeking The Court for a certiorari, to quash the EC’s decision is in the right direction.
In his close to one hour ruling, The Presiding Judge, stated that, The Electoral Commission (EC) did not, set a nomination day and date with regard to Constitutional Instrument (CI) 94, which superintends over all public elections.
He added that, although The Electoral Commission briefed all Parties at its Inter- Party Advisory Committee (IPAC)Meeting, on its decision and preparedness as stated in regulation 7, (2 D) of CI 94, it cannot justify its position of excluding the applicants from contesting the Office of The Presidency.
The Judge, Justice Eric Kyei -Baffour, opined that, the 29th and 30th dates set by the EC for the submission of nomination papers, is not enough for The EC to correct anomalies on the nomination forms of all Presidential Candidates if any.
Describing the conduct of the Electoral Commission as fatal and incurably bad, he added that, it appears The Respondent took a careful stand to deny the applicant of his rights to contest The Office of The Presidency; citing several landmark cases to buttress his ruling.
Justice Eric Kyei-Baffour further argued that, although the Act that created the existence of The Electoral Commission, insulate it from taking orders from other state institutions, The Court has the responsibility to exercising responsibility on the operations of The EC.
In a careful assessment of both arguments made by the Counsel for The Applicant and The Respondent, he said the meeting between Dr.Papa Kwesi Nduom and The Electoral Commission was not a fair ground of listening to the concerns of the nominee.
He added that, the meeting between the two was not aimed at correcting the necessary anomalies on the forms of Dr.Papa Kwesi Nduom, which led to his expulsion from the Presidential race. In a remark, Counsel for The Respondent, Thaddeus Sory, said, for the sake of democracy to thrive, he concedes to the ruling and will adhere to the orders of The Court.
But Lead Counsel, for the applicant, Lawyer Ayikoi Otoo, prayed The Court for some cost to be awarded his Client to which the Judge declined. He asked both parties to bear their own costs.
Ayikoi Otoo was thankful to The Court for not unwavering the C.I 94 which governs the up-coming Presidential and Parliamentary Elections.
Source: Radioxyzonline.com /Ibrahim Obeng- Mensah