Following the ruling of An Accra High Court overturning the decision of the Electoral Commission (EC) to disqualify Dr Papa Kwesi Nduom as well as pending court cases on the same issue, the Ghana Center for Democratic Development (CDD-Ghana) has advised the EC to dialogue with candidates who were disqualified on similar reasons as Dr Nduom.
According to the independent, non-governmental and non-profit research and advocacy institute, pragmatically, it makes sense for the EC to look at the Dr Nduom ruling and view of other cases of disqualification of candidates which are similar in nature.
Speaking to The Finder, Head of Research and Programmes at CDD-Ghana, Dr Franklin Oduro, appealed to the EC to invite such candidates to a meeting to dialogue for solution as a pragmatic approach, considering the limited time available.
The court ruled that the denial of Dr Nduom, flag bearer of the Progressive Peoples Party (PPP) to contest the December presidential polls was fatal and incurably bad and ordered the EC to allow him to make amendments 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.
The judge said the EC only set nomination day under regulation 7 but not nomination period under regulation 96 of CI 94 saying “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”.
Dr Oduro explained that the EC is dealing with both legal and political process and should, therefore, pay equal attention to both.
He stated that while the rule of law must always be allowed to work, it was important for the EC to combine it with the political process.
He advised the EC to make maximum use of the Inter-Party Advisory Committee (IPAC) to address issues.
This, he said, would provide the needed balance between legal and political matters.
He was hopeful that the cases in court would be speedily addressed as promised by the Chief Justice, adding that “allowing due process and the rule of law to work constitute the beauty of democracy”.
PNC, EC face-off tomorrow
The People’s National Convention (PNC) has filed a suit against the Electoral Commission (EC) following the disqualification of its presidential candidate, Dr Edward Mahama.
The EC had already been served with a writ of summons pending hearing on tomorrow, Tuesday, November 1.
NDP, EC face- off tomorrow
The National Democratic Party (NDP) Flagbearer, Nana Konadu Agyeman Rawlings, has refiled her lawsuit against EC at a Human Rights Division of the High Court challenging her disqualification as presidential candidate.
The re-filed lawsuit will also be heard tomorrow, Tuesday, November 1, 2016.
The refiling was necessitated after an Accra High Court struck out the initial lawsuit challenging the disqualification.
According to the ruling delivered by Justice George K. Koomson, the decision to strike out the case was due to the wrong procedure used by Nana Konadu in the initial filing hence making the case “incompetent.”
In his ruling, the judge indicated that the applicants were wrong to include an application for judicial review and the enforcement of fundamental human rights in one writ.
APC threatens law suit
The disqualified flag bearer of the All People’s Congress (APC), Hassan Ayariga, has also declared that he will drag the Electoral Commission to court if there is the slightest error on the part of the commission in the 2016 electoral process.
He described as unfair the Electoral Commission’s decision to disqualify him and 12 other aspirants on the grounds of inappropriate filling of their forms.
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