It has emerged at an Accra High Court that Hassan Ayariga’s All People’s Congress (APC) made over 30 mistakes on its presidential nomination forms submitted to the Electoral Commission (EC).
The court presided over by Justice Barbara Tetteh Charway was also told that the APC’s attention was drawn to the mistakes by the EC before the close of nomination.
But the anomalies of the two subscribers who endorsed his forms were not detected until the nomination was over, according to the EC.
When the case was called for the lawyers in the case to make a Viva Voce (oral submission), lawyer for the APC, Mr. Maxwell Komla Logan, told the court that the EC deliberately hoarded that anomaly just to disqualify his client.
According to him, the fact that the EC drew attention to the over 30 mistakes on their form on September 29 meant that they were aware of the two persons who were alleged to have subscribed for two different candidates.
But, lawyer for the EC, Mr. Thaddeus Sory, in his response, said the nominations started from September 8 to 30, 2016.
He insisted that the EC did not owe the nominees any duty to point out all their mistakes on their nomination forms for purposes of correcting them.
He also said the issue of the two subscribers was seen after the EC had closed nomination and there was no ill motive to trap the applicant as is being portrayed by the counsel.
He said the EC on its own, drew the applicant’s attention to over 30 mistakes on his forms which were corrected, but the commission realised the problem of the subscribers after comparing all the subscribers from the other parties.
Controversy
There was controversy over whether there was nomination period or not. While the applicant’s lawyer argued that the nomination day was moved from September 30 to October 10, 2016 because that was the actual day on which the daft deposit was received by the EC, the EC disagreed.
The court, prior to fixing Friday, November 4 for its ruling, sought clarification on the specific nomination period set by the EC and the parties took time to argue their cases.
The presiding judge further enquired if there was any document to show that the EC communicated to the political parties what the nomination period for the nominations was.
Ruling on November 4
The court has set Friday, November 4, 2016 for the final ruling in the case between the APC and the EC.
The EC chair, Mrs Charlotte Osei, said Mr Ayariga did not provide evidence on his statutory declaration as to his hometown or residence in the constituency as per the legal requirements.
“Similarly, two of Mr Ayariga’s subscribers also subscribed for another presidential candidate in breach of regulations 7(4) in C. I. 94.”
NDP, PNC also storm court
Meanwhile, lawyers of the National Democratic Party and the EC have been ordered by Justice Eric Kyei Baffour to file their written submissions within the next 48 hours.
They are to return to court on Friday, November 4 to make their Viva Voce (oral) submissions.
Justice Mrs. Afua Novisi Aryene, who is handling the case of the People’s National Convention and the EC has also ordered the parties to file their written submissions too within 48 hours after the former’s request for an abridgment of time was granted.
He said the parties will on Friday be given five minutes each to make their Viva Voce submission.
Costs of GH¢ 500.00 was awarded against the EC since its lawyers were unable to appear before the judge when the case was called despite counsel for the applicant being informed that Lawyer Sory was before another court –
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