Counsel for Electoral Commission Thaddeus Sory Tuesday challenged the procedure by which the PPP Presidential candidate Dr. Papa Kwesi Nduom is fighting his disqualification.
He insisted on Day two of the High Court hearing that Nii Ayikoi Otoo, counsel for Dr. Papa Kwesi Nduom should have filed a petition and not a certiorari or writ.
The EC’s counsel launched the attack on procedure minutes into the oral submission of Nii Ayikoi Otoo as he talked about reliefs his client is seeking from the court.
Thaddeus Sory raised preliminary objections which he wanted Ayikoi Otoo to address.
But counsel for Dr. Papa Kwesi Nduom replied that Thaddeus Sory has misunderstood the CI, the law governing elections.
“We cannot come by a petition when there has not been an election,” he pointed out.
He argues that a plaintiff comes by a petition when there has been an election but their application is simply seeking a court order, quashing the EC’s decision.
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