Court Orders EC To Give Nduom Opportunity To Effect Correction In Nomination Forms


The Accra High Court has quashed the Electoral Commission's disqualification of the flagbearer of the Progressive People's Party, PPP, Dr Papa Kwesi Nduom from the presidential race. 

The Court has accordingly ordered the Commission to afford Dr Nduom the opportunity to amend and alter his nomination forms and allow him contest in the presidential election. 

The ruling is in respect of the application filed by Dr Nduom challenging his disqualification by the Electoral Commission [EC]. 

The Court presided by Justice Eric Kyei Baffour held that the applicant should not be allowed to suffer due to the failure of the EC to set nomination period during which he could have corrected errors on his nomination forms. 

Justice Kyei Baffour said the EC is mandated by law to set a nomination period to allow candidates amend their forms. 

The EC however failed to do so and thereby denied the applicant that right. This he declared was fatal and bad. 

The judge also held that, the claim by Counsel for the EC that nomination period was before the nomination dates was absurd and unacceptable since the Commission conspicuously failed to set a period. 

Reactions to the High Court ruling on the case between the PPP's flagbearer, Dr Papa Kwesi Nduom, and the Electoral Commission, remain varied. 

While some have described the ruling as victory for multi-party democracy, others think it will open the floodgates for the proliferation of so many political parties. 

It was all jubilation at the Court premises when the ruling was given. 

According to GBC’s court correspondent, Beatrice Oppong the security service had a really tough time controlling the supporters of the PPP who were very happy with the court ruling.

Meanwhile, the EC says it will adhere to the Court's ruling and do as it says. 

The Deputy PRO of the Commission, Yussif Ayuba told GBC’s George Ankrah the Commission is a law abiding organisation and would obey all the court orders.

In a related development, a private legal practitioner, Abraham Amaliba, says the High Court ruling on the flagbearer of the PPP did not declare that Dr Kwesi Nduom's name should be immediately placed on the ballot. 

He said what the Court has done is for Dr Nduom to be given the opportunity to correct his mistakes.  

Mr Amaliba however agreed that if the correction is well done then the EC would have no option than to reconsider its decision. 

Speaking to Radio Ghana, Mr Amaliba said there are a lot of lessons to be learnt from the development.  

He cautioned the EC not to waste time to appeal against the ruling since it could affect their timetable.  

The development means all the other aggrieved parties maybe given the opportunity to correct their anomalies. 

A Political Science Lecturer, Prof Emmanuel Debrah has described the Court ruling in the case between the EC and the PPP as one that deepens multi-party democracy. 

In an interview with GBC’s Yvonne Atilego, Prof Debrah said with this ruling, all other political parties who think they have been wronged can resort to the Court.

GBC