Last day for Nduom – Supreme court tames EC

• Posted on November 8, 2016
• by Nana Kwesi Coomson
• Comment

The Supreme Court in a unanimous decision yesterday ordered the Electoral Commission (EC) headed by Charlotte Osei, to allow the 12 disqualified presidential candidates to correct errors on their nomination forms ahead of the December polls.

The seven-member panel of justices presided over by Sophia Adinyira was emphatic that the EC must invite the interested parties and all the presidential candidates who were able to submit their nomination papers by close of September 30, 2016 and were disqualified without a hearing, to rectify the errors for which they were disqualified.

The ruling has open the floodgate for all aggrieved disqualified aspirants, including the Progressive People’s Party’s (PPP’s) Dr Papa Kwesi Nduom to take a second bite at the cherry if only they can meet the deadline set by the court.

The other aspirants in contention of the EC’s earlier decision are Nana Konadu Agyeman-Rawlngs of the National Democratic Party (NDP), Hassan Ayariga of the All People’s Congress (APC), Dr Edward Mahama’s People’s National Convention (PNC), Kofi Akpaloo’s Independent People’s Party (IPP) and lately Alfred Kwame Asiedu Walker, an independent candidate.  Akua Donkor of the Ghana Freedom Party (GFP) who has already joined the NDC campaign, is reported to have indicated her intention to take a second chance to file her nomination forms.
However, they all have up till the close of work today to go through the process.

The EC therefore, set in motion the process to get all the disqualified aspirants on board by writing to them, especially those already in court litigating over their plight.

 Orders

In the view of the Supreme Court, the EC must also extend the nomination period effective yesterday, November 7, until the close of day today.

Justice Adinyira indicated in the landmark ruling that the electoral body in appropriate cases must afford candidates the opportunity to comply with Regulation 9(2) of the Public Elections Regulations, 2016 (CI 94).

According to the justices, “Consequent to the above directives, we find it necessary and expedient to make a further order to stay all proceedings pending in the various High Courts against the applicants by some disqualified presidential candidates on the same issue of having been denied a hearing to enable the EC to carry out its mandate in line with these orders.”

Justice Adinyira said that the decision of the court was based on the principle of fairness and national interest.

The SC however, granted the application by the EC that the high court exceeded its jurisdiction to compel the EC to allow the PPP to make corrections on its nomination forms.

Other panel members were Justices Kwasi Anin-Yeboah; Paul Baffoe-Bonnie; Vida Akoto-Bamfo; Anthony A. Benin; Yaw Apau and Gabriel Pwamang.

The EC, led by its lawyer, Thaddeus Sory, had ran to the apex court in an attempt to overturn a high court ruling compelling it to reverse its disqualification of Dr. Papa Kwesi Nduom.

 New Errors

However, Dr. Nduom may have new hurdles to cross as the EC says it has discovered new errors on his forms.

It announced that there were new errors on Nduom’s nomination forms after the Supreme Court had ordered the commission to allow all the presidential aspirants to correct the errors on their forms. The EC in a letter to the PPP, asked them to bring before it one Richard Aseda, who subscribed to the party’s flag bearer’s forms in two different districts.

“Kindly take the requisite steps to procure the attendance of Mr. Richard Aseda (who is listed as a subscriber on pages 21 and 39 of your nomination) at the head office of the commission, prior to the close of nomination, to confirm that he actually subscribed to your forms and the district in which he is subscribed,” a letter from the EC stated.

It also said, “Please find attached a list of other concerns and discrepancies found on your nomination form within the extended nomination period. These include signatures which do not tally across copies of your form.”

The EC accused Aseda of subscribing to Nduom’s forms in two different districts. But the PPP and the other parties sued the commission for taking such an action against them. In response to the PPP’s suit, the EC went to the Supreme Court to quash the decision of the High Court which favoured Dr. Nduom.

 Other Cases

On the heels of that was another High Court ruling delivered by Justice Barbara Tetteh-Charway in favour of Hassan Ayariga.

It is not clear whether a third ruling expected at a General Jurisdiction High Court on Thursday involving Dr. Edward Mahama, a presidential hopeful of the People’s National Convention (PNC) could be delivered.

On Friday, the EC was dismissed in a case seeking to push aside an Accra High Court Judge, Eric Kyei Baffour, from hearing the case in which the National Democratic Party (NDP) had sued the commission.

The EC had wanted the judge who delivered a judgement in favour of Dr.  Nduom to be removed from hearing the case involving the NDP and its flag bearer, Nana Konadu Agyeman-Rawlings because “he has an opinion.”

By Jeffrey De-Graft Johnson