EC's two days for filing of nominations is illegal - Konadu lawyers

Lawyers of the National Democratic Party (NDP) have obtained a leave to amend their writ against the Electoral Commission over the disqualification of their flagbearer, Nana Konadu Agyemang Rawlings, in the December 7 election.

The party hauled the EC to court after its flagbearer’s nomination form was disqualified on grounds that there were some anomalies in the forms presented on the deadline for submission.

The party executives subsequently proceeded to file a writ at the Human Rights court seeking an order of mandamus to force the Electoral Commission to carry out its public duty to have their flag-bearer Nana Konadu Agyemang Rawlings registered as a presidential candidate for the December elections.

But lawyers of NPD led by Dr. Josiah Aryeh and Stanley Ahorlu were in court on Monday to file an application of leave to amend the originating motion. This was to enable the lawyers include an application of co-warranto into the original motion.

The co-warranto is to pray the court to order the EC to explain why they used two days for the filing of nominations instead of the constitutionally mandated one day.

Speaking to XYZ News after the court proceedings, Lawyer Ahorlu said the party only found out recently that the EC acted in contravention with the constitution of Ghana when it allowed the filing of nominations to run for more than a day.

“We now have that information so we are incorporating that into our originating motion for judicial review,” he said.

He said the case has been adjourned to the 16th of November for hearing on the new application to commence. Lawyer Ahorlu said the party is considering filing a motion to place an injunction on the December 7 polls if the substantive is delays.

“Time cannot run; time will stop; time ought to stop when such rights are abused so we will pursue it. We are confident; we are absolutely confident that we will obtain judgement in our favour. We’ll rectify the wrongs that have been done.”

Dr. Josiah on his part said the party wants to ensure that the Electoral Commission does not get away with an illegality while trampling on the rights of people.

“The Electoral Commissioner doesn’t have an unfettered right to set aside seven day, two days or whatever. He sets aside days according to the regulations under which he acts. The regulation says he has only one day,” he said.

He said the decision to set aside two days was gross “illegality” and “wrong”.