The Electoral Commission Monday filed an application at the Supreme Court seeking to quash the High Court decision that asked it to grant Dr. Papa Kwesi Nduom space to correct and amend his presidential nominations forms for the 2016 elections.
Nduom was disqualified from the race, along with 12 others for allegedly failing to meet fully the qualifying conditions for presidential aspirants. He disagreed with the Commission and went to court, which last Friday, 28th October, 2016 ruled in his favour and ordered that he be allowed room to make the needed correction and then be vetted again if he qualifies.
The High Court, among other decisions, faulted the EC for not providing a nomination period within which to assist applicants complete their nominations forms as required by law. (Read the High Court decision)
But the EC says it disagrees with the High Court judge’s decision “on several essential legal and public policy grounds”, and so wants the Supreme Court to quash it and provide clarity on the proper position of the law.
“The Commission is of the firm conviction backed by the law, that candidates seeking the highest office of the land, must take full responsibility for ensuring that their nomination forms meet the standard in form and substance, required by the law,” a statement by the EC issued on Monday said.
“The Commission is further of the view that falsified signatures on nomination forms constitute a matter for criminal investigation and are not mere anomalies or clerical errors, which should be pointed out to candidates for corrections to be effected.
“The Commission believes that, as in other jurisdictions, presidential candidates must ensure the accuracy of the information on documents which they present under oath to public institutions. Failure to place this burden on the shoulders of the candidates, has serious implications for our democratic growth and electoral justice.
“In the interest of public policy and the credibility of the electoral process, the Commission has today filed an application at the Supreme Court to quash the High Court decision and seek clarity on the relevant aspects of the law on candidate nominations.
“We believe it is in the overall national interest and on the grounds of public policy that the Supreme Court provides clarity on this matter. A judgment from the Apex Court would effectively bring finality to the issue once and for all.
“In the interest of national peace and cohesion, we respectfully implore the Highest Court of the land to determine our application expeditiously in accordance with the earlier directive of Her Ladyship the Chief Justice and for the sake of the electoral calendar.”
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