EC says it welcomes Supreme Court verdict on Dr. Nduom’s case

The Electoral Commission (EC) of Ghana says it welcomes the verdict of the Supreme Court of Ghana in the case against Dr. Papa Kwesi Nduom.

The EC had made an application to the Supreme Court challenging the judgement of a High Court that overturned the Commission’s disqualification of Dr Papa Kwesi Nduom from the impending general election.

The EC went to the Court to seek clarity following the decision of the High Court quashing the Commission’s decision to disqualify Dr Nduom, the Presidential Candidate of the Progressive Peoples Party (PPP), from the presidential race on December 7.

In a press release issued in Accra and copied to ghanabusinessnews.com, the EC says it has received a certified copy of the judgement of the Court in the Republic vrs. High Court (Commercial Division) Ex-Parte Electoral Commission (Papa Kwesi Nduom, Interested Party) and upon careful study it notes the following:

1. That the Apex Court agreed with the Commission that the High Court committed an error of law apparent on the face of the record by holding that the Commission did not fix a nomination period. The Supreme Court indeed confirmed that there was a nomination period.

2. The Supreme Court also agreed with the Commission that the High Court exceeded its jurisdiction when it ordered the Commission to allow Dr. Papa Kwesi Nduom to alter or amend his nomination papers. The court therefore quashed the High Court’s order in that respect.

Following the above, the Apex Court ordered that:

1. The nomination period which closed on 30th September, 2016 be extended for a further period of 2-days from Monday November 7 to Tuesday November 8, 2016.

2. That the Commission should invite Dr. Papa Kwesi Nduom, and all the disqualified presidential candidates who were able to submit their papers within the earlier nomination period, for a hearing within the extended nomination period specified above.

3. The Court further ordered that the Commission should in appropriate cases afford the candidates the opportunity to comply with Regulation 9 (2) of the Public Elections Regulations, 2016 (C.I. 94). For the avoidance of doubt, the Regulation 9(2) of the law provides that:

a. The particulars of a candidate or the persons subscribing to the nomination paper are not as required by law; or

1. The nomination paper is not subscribed to as required by law, and shall give the candidate an opportunity to make amendment or any alteration necessary within the stipulated nomination period.

4. The Court further ordered that the Commission declare the candidates so nominated to contest the 2016 elections by close of Wednesday November 9, 2016.

 

5. The Court also ordered that the Commission conduct the balloting of presidential candidates by Thursday November 10, 2016.

6. The Supreme Court also ordered a stay of proceedings pending in the various High Courts against the Commission in respect of the same issue to enable the Commission to carry out its constitutional obligations.

In line with the Court’s directives, all the 12 persons whose nomination forms were invalidated for failing to meet the legal requirements are hereby:

1. Invited to come to the Commission’s Head Quarters for a hearing within the extended nomination period specified above.

2016. They have the opportunity to correct the errors on their nomination forms and submit same to the Commission within the extended nomination period ending at 5:00pm on November 8, 2016.

iii. All corrected pages must be submitted in quadruplicate to the Commission.

In its final verdict, the Supreme Court ordered the EC to extend the2016 presidential election nomination period to Tuesday November 8 for all disqualified candidates.

The Court made a unanimous decision ordering the EC to give all political parties fair hearing to amend or correct mistakes on their nomination forms.

By Emmanuel K. Dogbevi