Tuesday, 25 October 2016

We can’t be forced to accept Nduom’s forms – EC challenges Court


The Electoral Commission (EC) has said it cannot be ordered by a court to accept the nomination forms of the presidential nominee of the Progressive People’s Party (PPP), Dr. Papa Kwesi Nduom.

According to the lawyer for the EC, Thaddeus Sory, the EC is an independent body therefore it cannot take instructions from any other body.

Sory said this during the hearing in which the PPP is praying the court to restrain the Commission from proceeding with balloting for positions for presidential candidates ahead of the 2016 polls.

The PPP is also challenging the EC’s decision to disqualify its presidential aspirant, Dr. Papa Kwesi Nduom, from the presidential race.

Background

Dr. Nduom was disqualified along with  12 other presidential aspirants after anomalies were cited in his filed nomination forms.

At the last hearing on October 20, the court granted an application by the EC to abridge the time for the hearing of the injunction suit from going ahead with the processes to conduct elections in December.

According to its writ, the PPP was seeking an order of prohibition to restrain the EC from proceeding with balloting for position of presidential candidates for the 7th December elections.

The plaintiff is also seeking “…a further order directed against the 1st Respondent in her capacity as Returning Officer for Presidential elections to grant the Applicant the opportunity to amend and alter the one anomaly found in his nomination papers as well as accept his nomination papers as amended or altered to enable him contest as a Presidential Candidate for the 7th December 2016 elections.”

The suit has Dr. Papa Kwesi Nduom as the exparte applicant, Charlotte Osei, the EC Chairperson, as the first respondent, and the EC as the second respondent.

The writ noted that, “Hon. J. Ayikoi Otoo, Counsel for and on behalf of the applicant, will move this Honourable Court praying for an order for Judicial Review by way of Certiorari to bring to this Court the decision of the Respondents dated 10th October, 2016, which disqualified the Applicant as a Presidential Candidate for the 2016 General Elections, for purposes of having same quashed upon the grounds of… (1) Breach of the rules of natural justice (2) Error apparent on the face of the record and (3) Failing to live the requirement as imposed by law.”

Prior to this  court action, Dr. Nduom had met with the EC boss to get her to rescind her decision, but the meeting ended with no hope for the renowned entrepreneur who was making a third and last attempt at the presidency.
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