‘…Mind You , I Am Not A Lawyer But Appreciate The Law’
Here are some critical questions to ask…..
Did PPP swear an oath or an affidavit before the commission in the filling of the nomination forms?
The court takes serious exception to criminal offences like signature forgery, impersonation and any deliberate action intended to undermine the electoral processes.
Was the alleged crimes egregious enough to affect the integrity of the electoral process at the point of filling the nomination forms?
Are there any irretrievable juries on the part of PPP ? They will look at the political party laws and the investment made by the party.
CI 94 imposes a duty on the EC to give opportunity applicants or candidates to make correction and amendment when EC detects any anomalies, errors or irregularities. Here, the CI was silent to particularise or conceptualise the kind of anomalies, errors or irregularities….
Indeed, the courts take great aversion to criminal offence. FRAUD VITIATES EVERY CONTRACT( Google to read ). Can forgery, impersonation be considered as anomalies, errors or irregularities where a candidates need to be given second chance ?
On the other hand , does it lie in the mouth of Madam Charotte Osei and Co to have pronounced the individual persons guilty of those crimes ? You cannot be judge in your own court.
The big talk about EC being an independent body is not absolute. It is the creature of law and they are subject to the constitution.
Chapter 5 (article 19) of the constitution says clearly that a person is presumed to be innocent until he is proven in a competent court of jurisdiction.
The constitution enjoins everyone to fair trail. Justice must not only be seen to be done but manifestly seen to be done.
Madam Charotte Osei abused her power as EC chair person to have gone to the media to announce the disqualification of the candidates.
This conduct of the chair imputes of meanings for lack of good faith.
The SUPREME COURT will look at the alledged offence by EC whether it is grievous enough and could compromise the integrity of the electoral process.
The SUPREME COURT will again look at whether EC acted in good faith and properly exhausted the internal process by affording candidates the opportunities to make the necessary corrections on the errors found…..
Supreme ruling on this matter will be a guide to EC in dealing with matters like criminal offences regarding to natural law of justice and fundamental rights of persons.
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