We disagree with High Court’s ruling – EC
The Electoral Commission (EC) has stated that it disagrees with the High Court’s decision to quash their disqualification of the Progressive People’s Party (PPP) Flagbearer, hence their decision to seek review at the Supreme Court.
The Commission has insisted that, candidates seeking the highest office of the land must take full responsibility of ensuring that their nomination forms meet the requisite standards.
“Having carefully studied the contents of the judgment, we respectfully disagree with the High Court judge’s decision on several essential legal and public policy grounds,” the EC said in a statement signed by its Head of Communications, Eric Dzakpasu.
“The Commission is of the firm conviction backed by the law that the candidates seeking the highest office of the land must take full responsibility of ensuring that their nomination forms meet the stand in form and substance required by law,” the EC said further in its statement.
The statement also highlighted the fact that, some form of criminality was sighted on the the PPP Flagbearer, Dr. Papa Kwesi Nduom’s nomination forms in the form of falsified signatures.
Thus the Commission has said it is of the view that “falsified signatures on nomination forms constitute a matter for criminal investigation and are not mere anomalies or clerical errors, which should be pointed out to candidates for corrections to be effected.”
“In the interest of public policy and the credibility of the electoral process, the Commission has today filed an application at the Supreme Court to quash the High Court decision and seek clarity on the relevant aspects of the law on candidate nominations,” the EC added.
An Accra High Court last Friday ruled in favour of the flagbearer of the PPP, Dr. Nduom, who was challenging his disqualification from the 2016 presidential race by the EC.
The EC rejected Dr. Nduom’s nomination together with 12 other aspirants, claiming that the number of subscribers to his forms did not meet the requirements of Regulation 7 (2) (b) of CI 94 [the law regulating the conduct of the 2016 election].
The commission said one of his subscribers endorsed the form with different signatures in both portions of the nomination form, raising questions as to the legitimacy of one or both signatures.
But lawyers of the PPP argued that, the EC did not give them the opportunity to correct the errors on the nomination forms.
They further prayed the court to stop the EC from going ahead with balloting of presidential candidates until the case was decided.
The court presided over by Justice Eric Kyei Baffour ordered the commission to give the PPP the chance to correct the anomalies on the nomination forms of its Flagbearer, and subsequently decide on whether to allow him into the race or not.