The Progressive People’s Party (PPP), has sued the Electoral Commission (EC), at the High Court over the decision to disqualify it’s presidential aspirant, Dr. Papa Kwesi Nduom, from the December 7 presidential election.
The PPP is 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.”
“And for such order or further as to this Honourable Court may deem fit.”
The suit has Dr. Papa Kwesi Nduom as the exparte applicant, with Madam Charlotte Osei the EC Chairperson as the 1st Respondent, and the Electoral Commission as the 2nd Respondent.
The writ said “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.
Dr. Nduom was disqualified together with 12 other presidential aspirants for failing to fill their forms correctly.
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.
EC was biased; Nana Addo is ‘guilty’ of perjury – PPP
The PPP has accused the Electoral Commission of bias for allowing the presidential candidate of the opposition New Patriotic Party (NPP), Nana Akuffo-Addo, claiming he also committed the offense of perjury, hence should also not be on the ballot for the December 7 general elections.
According to the PPP, Nana Addo perpetuated criminality when he failed to declare his assets, as required by the electoral regulations, but signed an oath to affirm that he had met all the requirements when he filed his nomination.
Court clears EC to collect filing fees
This is the second court action the party has taken against the commission. In the first instance, it went to court to stop the Commission from collecting the filing fees of Ghc50,000 and Ghc10,000 for presidential and parliamentary nominees.
This was because they had a case pending before the Court, in which they had accused the EC of fixing the fees arbitrarily. However the injunction was thrown out, allowing the EC to collect the fees.
This means that substantive case is still pending at the court.