Two lawyers have clashed Friday evening over a court ruling ordering the reinstatement of disqualified presidential candidate of the Progressive People’s Party (PPP), Dr Papa Kwesi Nduom.
Speaking on Joy FM’s Top Story programme, a law lecturer at the University of Ghana, Dr Poku Adusei said the High Court’s ruling was an indictment on the Chairperson of the Electoral Commission (EC).
He wants Mrs Charlotte Osei to resign as the Commission’s boss forthright, claiming her decisions are plunging the country into needless situations.
However, another law lecturer at the Central University College, School of Law, Yaw Oppong, voiced moderate views saying the judgment has nothing to do with the decision to disqualify the business mogul, but rather has to do with whether the right procedure was followed in arriving at his disqualification.
“The substance of the issue did not come out today [Friday] and we have to be careful of what we say,” he said.
Justice Eric Kyei Baffuor’s ruling in which he ordered the EC to give PPP’s leader, Dr Nduom the opportunity to make an amendment on his nomination form has been hailed by many people as a victory for democracy.
The business mogul told the media after the judgment that his suit was in defense of the laws of the country and has nothing to do with his person.
He said it should send a signal to persons in authority that whatever decision they take has to be fair, transparent and in the interest of the country.
Private legal practitioner and host of Joy FM/MultiTV’s Saturday news analysis programme Newsfile, Samson Lardy Anyenini had described the ruling as “thorough and comprehensive.”
He was emphatic that the judgment does not represent finality that the economist would automatically be reinstated in the presidential race.
Mr Lardy Ayenini said the responsibility rests with the Commission to make a determination on the matter.
Yaw Oppong agreed with the argument that Dr Nduom would only be brought back into the race after the EC finds his documents satisfactory.
“The court found out that there was no error on the basis of the record so it stands to be questioned which error is going to be fixed…that is a decision for the EC to take if in their view that is an error anticipated by the C. I.94,” he said.
But Dr Adusei said the Commission dared not continue to plunge the country into more troubles by failing to reinstate Dr Nduom in the presidential race.
“Here is a decision you took which has been set aside and if you take any other decision, it would be seen as victimization,” he said.
“Let’s be realistic and straight, Nduom would be brought back into the race.”
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