Full statement: Martin Amidu's take on Charlotte Osei, EC & disqualifications

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PRINCE KWASI ADADE (OFIE P33) 9 years ago

**MARTIN LUTHER'S 95 THESES CHANGED CHRISTENDOM AND THE ENTIRE WORLD . IT LED TO THE REFORMATION. --**BAWUMIA’S 170 ECONOMIC STATEMENTS MUST BE EXAMINED AND WATCHED!!!!!! DOES IT SEND ANY STRONG MESSAGE TO THE NDC CRIMINALS ...
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**MARTIN LUTHER'S 95 THESES CHANGED CHRISTENDOM AND THE ENTIRE WORLD . IT LED TO THE REFORMATION. --**BAWUMIA’S 170 ECONOMIC STATEMENTS MUST BE EXAMINED AND WATCHED!!!!!! DOES IT SEND ANY STRONG MESSAGE TO THE NDC CRIMINALS???? CAN IT HELP RESHAPE OUR GOVERNANCE SYSTEM? WHERE POLITICIANS LOOT OUR NATIONAL COFFERS WITH IMPUNITY WHILST AT THE SAME TIME EXHIBITING THEIR INEPTNESS AND FOOLISHNESS TO THE DETRIMENT OF THE LIVES OF THE ORDINARY CITIZENS OF THE COUNTRY??????
ROSEMARY 9 years ago

God save us from the NDC SHARKS AND VAMPIRES AND WOLVES destroying Ghana.... Dr Mahamudu Bawumia, the New Patriotic Party’s running mate to Nana Akufo-Addo, has remarked that the John Mahama government seems to be more comm ...
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God save us from the NDC SHARKS AND VAMPIRES AND WOLVES destroying Ghana.... Dr Mahamudu Bawumia, the New Patriotic Party’s running mate to Nana Akufo-Addo, has remarked that the John Mahama government seems to be more committed to themselves and schemes that will make their pockets fatter than in delivering on their core mandate of developing the nation and reducing the hardships of the people.

Dr Bawumia observed that this seems to be the reason why there is always money for scandalous schemes and projects that obviously end up enriching officials and cronies of the government, but there is always none when it comes to money for development and social investment.

Nana Akufo-Addo’s running mate made the comments in Offinso in the Ashanti Region on the first day of his three-day tour of the region.

He said “the NDC came to meet a debt of GHS9.5billion, which had been accrued from1957 to 2008, but in only 8 years the NDC has moved our debt from GHS9.5billion to GHS110 billion. 90% of Ghana’s debt has, therefore, been accrued just in these last eight years. Again, when one sums up all the taxes and loans, the NPP accrued onlyGHS20 billion for all the work we did. The NDC in eight years have had GHS248 billion from loans and taxes.”

Dr. Bawumia wondered why after so much resources, the NDC had still succeeded in making times hard for the ordinary Ghanaian and ended up collapsing almost all social intervention programmes.

“Despite all these resources, however, this government cannot pay what it has to pay to the National Health Insurance Authority (NHIA), it cannot sustain the School Feeding Programme, National Youth Employment Programme or Free Maternal Care programme; they have cancelled Teacher Training and Nursing Training Allowances, they are owing contractors and cannot pay the School Feeding Grants too,” he said.
Concerned 9 years ago

This harlot is turning out to be the best EC not by design but because she's too stupid to steal in a manner that no one will find out.

This harlot is turning out to be the best EC not by design but because she's too stupid to steal in a manner that no one will find out.
modzason 9 years ago

Martin is an expired commodity in the NDC and is seeking market with the NPP. do we have to criticize the ec at any least chance. we are rather making the work of the ec difficult and incredible. Is this the first time PPP i ...
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Martin is an expired commodity in the NDC and is seeking market with the NPP. do we have to criticize the ec at any least chance. we are rather making the work of the ec difficult and incredible. Is this the first time PPP is filing for election's. What kind lawyers do we have in this country. JM toaso God bless you with long and good health. Amen.
DR TRUTH 9 years ago

THIS ARTICLE WILL DRIVE HARD INTO THE NERVE CENTRE OF THE CORRUPT NDC PARTY AND IT'S APPOINTED BIAS EC CHAIRWOMAN

THIS ARTICLE WILL DRIVE HARD INTO THE NERVE CENTRE OF THE CORRUPT NDC PARTY AND IT'S APPOINTED BIAS EC CHAIRWOMAN
ROSEMARY 9 years ago

JOHNMAHAMA why did you leave Dr Emmanuel AKWETEY for charlotte osei paaaaaaa.. ..? .... Look her extremely dangerous inexperience and open biase in your favor... .. .. . Charlotte osei is extremely childish and lacks integrit ...
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JOHNMAHAMA why did you leave Dr Emmanuel AKWETEY for charlotte osei paaaaaaa.. ..? .... Look her extremely dangerous inexperience and open biase in your favor... .. .. . Charlotte osei is extremely childish and lacks integrity..
ROSEMARY 9 years ago

JOHNMAHAMA IS extremely corrupt and incompetent that's why we're all suffering.. ... Now this charlotte osei is really toying with our destiny....

JOHNMAHAMA IS extremely corrupt and incompetent that's why we're all suffering.. ... Now this charlotte osei is really toying with our destiny....
Duffour 9 years ago

This constant attacks and bastadazation must stop. Why won't NPP and it's sympathizers like Martin Amidu allow this woman to work? There is no way madam Charlotte Osei can rig the upcoming election for any political party,and ...
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This constant attacks and bastadazation must stop. Why won't NPP and it's sympathizers like Martin Amidu allow this woman to work? There is no way madam Charlotte Osei can rig the upcoming election for any political party,and so this attacks must stop!
Kokuvi Da Togolese 9 years ago

Don't you see the incompetence of the EC commissioners? They are stooges of NDC.

Don't you see the incompetence of the EC commissioners? They are stooges of NDC.
Concerned 9 years ago

Why was this harlot refusing to let political parties have copies of the pinksheet but it took a court order for her to accept parties must be given it.Does it sound like a fair minded person to you? I am confident she will ...
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Why was this harlot refusing to let political parties have copies of the pinksheet but it took a court order for her to accept parties must be given it.Does it sound like a fair minded person to you? I am confident she will not be able to steal because she is too stupid to manage that

Kokuvi Da Togolese 9 years ago

I keep saying this. Mr. Martin Amidu is awesome! Ghana needs people like you. The arrogance of the EC chair and her other commissioners is mind blowing. Ghana will work again.

I keep saying this. Mr. Martin Amidu is awesome! Ghana needs people like you. The arrogance of the EC chair and her other commissioners is mind blowing. Ghana will work again.
Salam 9 years ago

God bless you Hon Martin Amidu ,you are a true patriot ,who put Ghana first instead of the usual partisan nature put by others,you stated what is right without fear or favour,thumbs up to,Stomach journalist like Ben Epson and ...
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God bless you Hon Martin Amidu ,you are a true patriot ,who put Ghana first instead of the usual partisan nature put by others,you stated what is right without fear or favour,thumbs up to,Stomach journalist like Ben Epson and bulldozer should take a cue from Hon Martib
Achilinks Travels 9 years ago

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CONTACT Achilinks Travel Consults on 03 ...
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Are you an WASSCE, DIPLOMA OR A DEDREE HOLDER with the aim of studying MEDICINE, NURSING, DENTISTRY, PHARMACY, PHYSICAL EDUCATION in top RUSSIAN and UKRAINIAN UNIVERSITIES?? ????????

CONTACT Achilinks Travel Consults on 0322000298/ WhatsApp0248315956
Or visit send ur certificate and passport copy via achilinksgh@gmail
Kwame Ntra 9 years ago

The EC's decision to disqualify the 13 presidential aspirants appears to be underlined by incompetence or malice; or both. That woman must resign or be removed from that office before she plunges the country into any serious ...
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The EC's decision to disqualify the 13 presidential aspirants appears to be underlined by incompetence or malice; or both. That woman must resign or be removed from that office before she plunges the country into any serious constitutional crisis.
agyapee147 9 years ago

l hope l can write a book, a biography on martin amidu, a lover of justice. l don't agree with everything said by martin but his love for justice is clear.

l hope l can write a book, a biography on martin amidu, a lover of justice. l don't agree with everything said by martin but his love for justice is clear.
Fj u er 9 years ago

No single fact from Martin Amidu.

No single fact from Martin Amidu.
Ghanaba 9 years ago

Oh my senior brother Ghana needs such a person like you.The way President Mahama brought the EC,Chairperson mrs Charlotte Oseiwas questionable.We need a united Ghana

Oh my senior brother Ghana needs such a person like you.The way President Mahama brought the EC,Chairperson mrs Charlotte Oseiwas questionable.We need a united Ghana
black magic 9 years ago

Traditional Satanism is not simply an inversion, but a complete rejection of the images of a
0244908520particular culture, religion, or philosophy. From there a Satanist uses those images against the ethos itself, that was ...
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Traditional Satanism is not simply an inversion, but a complete rejection of the images of a
0244908520particular culture, religion, or philosophy. From there a Satanist uses those images against the ethos itself, that was once his own conditioning. Persons who participate in traditional Satanic masses sometimes experience a king of 'sartori', a sudden enlightenment, to an increase in their own consciousness, and feeling stronger and satisfied because they had broken with the constraining opposites. In other words, at its highest level Satanism uncovers what the ethos of a particular community or society has covered up through images, dogma, words and ideas, returning the individual to the primal chaos out of which 'opposites' were created." ~ Magister Hagur, Temple of Atazoth Office
Ben 9 years ago

I now understand why they didn't allow you to germinate to become thorn on their fresh. With your honesty and love for freedom and Justice there was no way you could have survived amongst them. How i wish we as a nation have ...
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I now understand why they didn't allow you to germinate to become thorn on their fresh. With your honesty and love for freedom and Justice there was no way you could have survived amongst them. How i wish we as a nation have about ten of Martin's personality in our day politics which has deteriorated to its core.
Kokuvi Da Togolese 9 years ago

The EC has commissioners who can't think far koraa! This is the worst EC boss ever! She behaves like a spoilt child! Disgraceful woman! Mahama is telling her do this and that and she follows sheepishly!

The EC has commissioners who can't think far koraa! This is the worst EC boss ever! She behaves like a spoilt child! Disgraceful woman! Mahama is telling her do this and that and she follows sheepishly!

Nketiah, Techiman 9 years ago

I salute you sir. You made my day! What an intelligent piece. Ghana is for all not charlotte osei only. You are too arrogant and rude. Watch out else God wil bring you down and humiliate you.

I salute you sir. You made my day! What an intelligent piece. Ghana is for all not charlotte osei only. You are too arrogant and rude. Watch out else God wil bring you down and humiliate you.
Kuffo Barri 9 years ago

What at all is the interest of Charlotte Osei in this case? Neutrality and impartiality is the guiding principle of this noble commission. However, this woman seems to be veering off. My prayer and s that her actions and inac ...
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What at all is the interest of Charlotte Osei in this case? Neutrality and impartiality is the guiding principle of this noble commission. However, this woman seems to be veering off. My prayer and s that her actions and inactions should not plunge this country into chao.
Kojo 9 years ago

By Kofi Ata, Cambridge

Last Friday, Justice Eric K Baffour, a High Court made a very interesting judgement in the case of the Republic versus Mrs Charlotte Osei, the Electoral Commission; Ex Parte Dr Papa Kwesi Nduom ov ...
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By Kofi Ata, Cambridge

Last Friday, Justice Eric K Baffour, a High Court made a very interesting judgement in the case of the Republic versus Mrs Charlotte Osei, the Electoral Commission; Ex Parte Dr Papa Kwesi Nduom over the disqualification of Dr Nduom as candidate for the December 7, 2016 presidential election. This article is a review of the judgement by a “non-learned mind” (to borrow Kweku Baako’s words).

Until I read the full judgement on Ghanaweb, I was a bit confused as to why judgement went in favour of Nduom. However, on reading the judgement, I understood why Nduom and his supporters were jubilant. The reasons, according to Justice Bafour and I quote, “the grounds upon which the Applicant mounts this application has been stated by him to be anchored on:

(1) breach of the rules of natural justice (audi alteram partem) and (2) error apparent on the face of the record”. The Latin words means "listen to the other side", or "let the other side be heard as well", an established legal principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them (see “Nduom wins against EC - Full court ruling”, Ghanaweb, October 28, 2016).

Whilst I may agree with Justice Bafuor on the first of the two grounds, I totally disagree on the second. In fact, my view is that Justice Baffour misdirected himself on this matter by accepting that Nduom was disqualified on the grounds of “ERROR” apparent on the face of the record. On the contrary.

In fact, according to the Returning Officer and the Electoral Commission (EC) and I quote. “The Commission is unable to accept Dr Nduom’s nomination because the number of subscribers to his forms did not meet the requirements of Regulation 7 (2) (b)of CI 94.

The Returning Officer and the EC provided further details are as follows: “One subscriber Richard Aseda (‘Asida’ on the Voters’ Register with Voter ID No. 7812003957) endorsed the forms in two different districts (pages 21 and 39).

The subscriber was found to be on the Voter’s Register in one district thereby disqualifying his second subscription and reducing the total number of subscribers to below the minimum required by the Law. The same subscriber (Richard Aseda (‘Asida’) endorsed the form with different signatures in both portions of the nomination form. This raises questions as to the legitimacy of one or both signatures.

We will refer the matter of the possible forgery of the signature(s) to the Ghana Police Service and the Attorney General for investigation and prosecution in line with the following sections of the Criminal Offences Act,1960 (Act 29): Section 211; Perjury Section 248: making false declaration etc. for office or voting; Section 251; Deceiving a public officer Section 256; Corruption, Intimidation and personation in respect of election” (see, “Why Nduom and 12 presidential aspirants were disqualified”, Ghanaweb, October 10, 2016).

From the above, it is very clear that Nduom was disqualified not because of an “error” but rather for an electoral offence of potential forgery, fraud and deception of a public officer. For reason of misdirection, all the authorities relied upon by Justice Bafour as basis for “the ERROR APPARENT ON THE FACE OF THE RECORD” are null and void and of no consequences. Nduom did not make error but committed unlawful and potential criminal acts of forgery, fraud and deception of a public officer for which he must be investigated and prosecuted, if there is credible evidence.

I do appreciate that Justice Bafour was mindful and guided by the fact that the application was through “Certiorari which is not concerned with the merits of the decision. It is a complaint about jurisdiction or some procedural irregularity like the breach of natural justice”.

However, my experience and understanding of cases of procedural breaches interfering with natural justice is that, after finding of fact of the breach in favour of the applicant, judges should not end there but ask themselves, had the procedure/s been followed or not breached, what would have been the outcome? If the outcome would have been the same, then, a different approach is taken in the judgement.

It is my submission that had Justice Bafour posed the question, had the Returning Officer given Nduom a fair hearing, what would have been the outcome, the answer would not have been any different because on the “facts” apparent on the face of the record, Nduom committed forgery, fraud and deception and therefore the Returning Officer could not have given him the opportunity to correct an unlawful and criminal acts.

This question was very critical in the matter before Justice Bafour because the Returning Officer could not have brushed aside potential crime and simply invite Nduom to cover up the crime since doing so would have meant the Returning Officer is complicit in the cover up.

Justice Bafour also contradicted himself in his judgement because he claimed he was not interested in merit of the decision. Yet, he relied heavily on the so called “error apparent on the face of the record”. What was the error apparent on the face of the record? It was the use of the unqualified subscriber in the person Richard Aseda (Asida), who did not only subscribe twice but also gave two different signatures.

It was precisely these “errors that also constitute potential forgery, fraud and deception upon which the Returning Officer disqualified Nduom. In effect, Justice Bafour did consider the merits of the Returning Officer’s decision (the grounds for the disqualification) but erred in concluding that they were mere and errors that should be corrected by Nduom but not criminal acts to be investigated and prosecuted.

The next question is, do courts or judges in Ghana consider the laws on the statue books, including case law and their relevance when adjudicating on cases? I pose this question first and foremost because of the existence of the Representation of the People Law 1992 (PNDCL 284) Section 28.

The “Offences Relating to Nomination Papers and Ballot” states among others as follows: “A person who (a) forges, fraudulently defaces, or destroys a nomination paper, or any other document relating to the registration of a voter, or delivers to a returning officer any nomination paper, knowing it to be forged commits an offence and is liable on conviction to a fine not exceeding c1 million or to imprisonment for a term not exceeding two years or both; and shall, for a period of five years from the date of the expiration of his term of imprisonment be disqualified from being registered as a voter or voting at an election”.

Is Justice Bafour Bafour unaware of PNDCL 284 Section 28 or simply because the application was by Certiorari, PNDCL 284 is irrelevant? I disagree with this approach because that should be the exception and not the norm in matters of judicial review of decisions by administrative bodies, which are not earlier decisions of lower courts.

Second, PNDCL 284 Section 28 is very relevant because the former NPP MP for Bawku Central, Mr Adamu Sankade was charged, tried, convicted and jailed by a High Court in 2012 on three counts of false declaration by voting, perjury and deceit of public officer over his nationality under PNDCL 284 Section 28 and others stated by the Returning Officer as basis for Nduom’s disqualification.

Adamu Sankade’s crimes were the same as those for which Nudom was disqualified. The question Ghanaians would want to ask Justice Bafour is, why different rules for different people? Is it because Nduom is rich and Sankade is poor (relatively)? What sort of judicial system that operates on one rule for the rich and powerful and another for the poor and weak? Is that natural justice?

It was also surprising the harsh words Justice Bafour used to describe the decision of the Returning Officer. They were uncalled for and I suspect Justice Bafour was angered by the challenges raised by Counsel for the Returning Officer and the suggestion that the EC is independent and cannot be ordered by the judiciary.

I disagree with those who hold such views because the actions and omissions of all bodies, organisations and institutions in Ghana (both state and non-state actors) are subject to review by the judiciary.

The EC’s independence is as far as it is within the laws of the land and subject to judicial review.

In conclusion, and in my “unlearned mind”, this judgement is perverse (on the facts of the matter, the grounds for disqualification, the evidence and precedence) and should not be allowed to stand. Even Counsel for Nduom, Ayi Quaye Otoo knows that and that is why he became very emotional on Newsfile when the host, Samson Lardy Ayenini mentioned the potential forgery, fraud and deception in the case and accused Samson of misleading the public.

Samson was not misleading the public but stating facts as reported.

Can the EC still disqualify Nduom? For Nudom and his supporters who are deceiving themselves that Nduom is back on the ballot paper, I have bad news for you. First, Judge Bafour did not order EC to reinstate Nduom but to give him the opportunity to correct the errors on his nomination forms for reconsideration by the EC. Secondly, the gospel fact is that, there were no errors on the forms to be corrected by Nduom.

Instead, there were forgery, fraud and deception that are incurable.

Consequently, the EC can and must still disqualify Nduom because he committed electoral crime on his original nomination form, an offence subject to further investigation, prosecution, a fine and or imprisonment and a five-year ban, when convicted.

I admit that Nduom has not been charged, tried and convicted so is innocent until proven otherwise. Nevertheless, someone who aspires to the highest office of the land must uphold the highest standard of trust and honesty. On this occasion, Nudom has failed and not fit for the office of the President of the Republic and should be disqualified.

The Attorney General and the police must speed up their investigations as a matter of urgency and put Nduom and Richard Aseda (Asida) before the court as soon as possible but not before 7 December 2016. Nduom should be jailed and banned if found guilty as in the case of Adamu Sankade.

For those who are suggesting that the EC should invite all the other twelve disqualified aspirants and put them back on the ballot papers, you are misguided because most, if not all of them also committed forgery, fraud and deception and must suffer the same penalty as Adamu Sankade. All Ghanaians are equal before the law.

In conclusion, this case has not only exposed the unwillingness and inability of the citizenry to comply and obey the laws, rules and regulations but also the unwillingness and inability of the authorities to enforce the same.

What are laws, rules and regulations for if even the courts would not enforce them across board but do so selectively on the basis of one’s wealth, power and position in society? This is the root cause of corruption, poverty, disease and underdevelopment in Ghana. Nduom and others must not only be disqualified but also charged, prosecuted, jailed and banned when found guilty.
EFA poku 9 years ago

Where is those women casting insult on Kennedy Agyapong? Some of Ghanaian hate the true, the NPP knew what this woman can do but, some Ghanaian didn't spare them with their baby teeth, Now you see oo yoooo, Ghanaian, believe ...
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Where is those women casting insult on Kennedy Agyapong? Some of Ghanaian hate the true, the NPP knew what this woman can do but, some Ghanaian didn't spare them with their baby teeth, Now you see oo yoooo, Ghanaian, believe me this election will not come on, on the 7/12/16,unless intensive prayers.
Sappey-Agboh, Lagbohkope-Tsiame 9 years ago

Martin Amidu revels in stoking controversy. I wonder why he had to become embroiled in this case. He has no locum, except my suspicion that when the Afari Djan's time was up, he thought he should have been nominated as the po ...
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Martin Amidu revels in stoking controversy. I wonder why he had to become embroiled in this case. He has no locum, except my suspicion that when the Afari Djan's time was up, he thought he should have been nominated as the potential EC Commissioner. Now I am posting a well-thought and well researched rejoinder by one Kofi Attah of Cambridge who might even had worked before with Martin Amidu during the PNDC days. Mr Kofi Attah also once worked at Gonda Barracks. Please take your time and read his contribution to the end. Even though it's long, it is very instructive.

Last Friday, Justice Eric K Baffour, a High Court made a very interesting judgement in the case of the Republic versus Mrs Charlotte Osei, the Electoral Commission; Ex Parte Dr Papa Kwesi Nduom over the disqualification of Dr Nduom as candidate for the December 7, 2016 presidential election. This article is a review of the judgement by a “non-learned mind” (to borrow Kweku Baako’s words).

Until I read the full judgement on Ghanaweb, I was a bit confused as to why judgement went in favour of Nduom. However, on reading the judgement, I understood why Nduom and his supporters were jubilant. The reasons, according to Justice Bafour and I quote, “the grounds upon which the Applicant mounts this application has been stated by him to be anchored on:

(1) breach of the rules of natural justice (audi alteram partem) and (2) error apparent on the face of the record”. The Latin words means "listen to the other side", or "let the other side be heard as well", an established legal principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them (see “Nduom wins against EC - Full court ruling”, Ghanaweb, October 28, 2016).

Whilst I may agree with Justice Bafuor on the first of the two grounds, I totally disagree on the second. In fact, my view is that Justice Baffour misdirected himself on this matter by accepting that Nduom was disqualified on the grounds of “ERROR” apparent on the face of the record. On the contrary.

In fact, according to the Returning Officer and the Electoral Commission (EC) and I quote. “The Commission is unable to accept Dr Nduom’s nomination because the number of subscribers to his forms did not meet the requirements of Regulation 7 (2) (b)of CI 94.

The Returning Officer and the EC provided further details are as follows: “One subscriber Richard Aseda (‘Asida’ on the Voters’ Register with Voter ID No. 7812003957) endorsed the forms in two different districts (pages 21 and 39).

The subscriber was found to be on the Voter’s Register in one district thereby disqualifying his second subscription and reducing the total number of subscribers to below the minimum required by the Law. The same subscriber (Richard Aseda (‘Asida’) endorsed the form with different signatures in both portions of the nomination form. This raises questions as to the legitimacy of one or both signatures.

We will refer the matter of the possible forgery of the signature(s) to the Ghana Police Service and the Attorney General for investigation and prosecution in line with the following sections of the Criminal Offences Act,1960 (Act 29): Section 211; Perjury Section 248: making false declaration etc. for office or voting; Section 251; Deceiving a public officer Section 256; Corruption, Intimidation and personation in respect of election” (see, “Why Nduom and 12 presidential aspirants were disqualified”, Ghanaweb, October 10, 2016).

From the above, it is very clear that Nduom was disqualified not because of an “error” but rather for an electoral offence of potential forgery, fraud and deception of a public officer. For reason of misdirection, all the authorities relied upon by Justice Bafour as basis for “the ERROR APPARENT ON THE FACE OF THE RECORD” are null and void and of no consequences. Nduom did not make error but committed unlawful and potential criminal acts of forgery, fraud and deception of a public officer for which he must be investigated and prosecuted, if there is credible evidence.

I do appreciate that Justice Bafour was mindful and guided by the fact that the application was through “Certiorari which is not concerned with the merits of the decision. It is a complaint about jurisdiction or some procedural irregularity like the breach of natural justice”.

However, my experience and understanding of cases of procedural breaches interfering with natural justice is that, after finding of fact of the breach in favour of the applicant, judges should not end there but ask themselves, had the procedure/s been followed or not breached, what would have been the outcome? If the outcome would have been the same, then, a different approach is taken in the judgement.

It is my submission that had Justice Bafour posed the question, had the Returning Officer given Nduom a fair hearing, what would have been the outcome, the answer would not have been any different because on the “facts” apparent on the face of the record, Nduom committed forgery, fraud and deception and therefore the Returning Officer could not have given him the opportunity to correct an unlawful and criminal acts.

This question was very critical in the matter before Justice Bafour because the Returning Officer could not have brushed aside potential crime and simply invite Nduom to cover up the crime since doing so would have meant the Returning Officer is complicit in the cover up.

Justice Bafour also contradicted himself in his judgement because he claimed he was not interested in merit of the decision. Yet, he relied heavily on the so called “error apparent on the face of the record”. What was the error apparent on the face of the record? It was the use of the unqualified subscriber in the person Richard Aseda (Asida), who did not only subscribe twice but also gave two different signatures.

It was precisely these “errors that also constitute potential forgery, fraud and deception upon which the Returning Officer disqualified Nduom. In effect, Justice Bafour did consider the merits of the Returning Officer’s decision (the grounds for the disqualification) but erred in concluding that they were mere and errors that should be corrected by Nduom but not criminal acts to be investigated and prosecuted.

The next question is, do courts or judges in Ghana consider the laws on the statue books, including case law and their relevance when adjudicating on cases? I pose this question first and foremost because of the existence of the Representation of the People Law 1992 (PNDCL 284) Section 28.

The “Offences Relating to Nomination Papers and Ballot” states among others as follows: “A person who (a) forges, fraudulently defaces, or destroys a nomination paper, or any other document relating to the registration of a voter, or delivers to a returning officer any nomination paper, knowing it to be forged commits an offence and is liable on conviction to a fine not exceeding c1 million or to imprisonment for a term not exceeding two years or both; and shall, for a period of five years from the date of the expiration of his term of imprisonment be disqualified from being registered as a voter or voting at an election”.

Is Justice Bafour Bafour unaware of PNDCL 284 Section 28 or simply because the application was by Certiorari, PNDCL 284 is irrelevant? I disagree with this approach because that should be the exception and not the norm in matters of judicial review of decisions by administrative bodies, which are not earlier decisions of lower courts.

Second, PNDCL 284 Section 28 is very relevant because the former NPP MP for Bawku Central, Mr Adamu Sankade was charged, tried, convicted and jailed by a High Court in 2012 on three counts of false declaration by voting, perjury and deceit of public officer over his nationality under PNDCL 284 Section 28 and others stated by the Returning Officer as basis for Nduom’s disqualification.

Adamu Sankade’s crimes were the same as those for which Nudom was disqualified. The question Ghanaians would want to ask Justice Bafour is, why different rules for different people? Is it because Nduom is rich and Sankade is poor (relatively)? What sort of judicial system that operates on one rule for the rich and powerful and another for the poor and weak? Is that natural justice?

It was also surprising the harsh words Justice Bafour used to describe the decision of the Returning Officer. They were uncalled for and I suspect Justice Bafour was angered by the challenges raised by Counsel for the Returning Officer and the suggestion that the EC is independent and cannot be ordered by the judiciary.

I disagree with those who hold such views because the actions and omissions of all bodies, organisations and institutions in Ghana (both state and non-state actors) are subject to review by the judiciary.

The EC’s independence is as far as it is within the laws of the land and subject to judicial review.

In conclusion, and in my “unlearned mind”, this judgement is perverse (on the facts of the matter, the grounds for disqualification, the evidence and precedence) and should not be allowed to stand. Even Counsel for Nduom, Ayi Quaye Otoo knows that and that is why he became very emotional on Newsfile when the host, Samson Lardy Ayenini mentioned the potential forgery, fraud and deception in the case and accused Samson of misleading the public.

Samson was not misleading the public but stating facts as reported.

Can the EC still disqualify Nduom? For Nudom and his supporters who are deceiving themselves that Nduom is back on the ballot paper, I have bad news for you. First, Judge Bafour did not order EC to reinstate Nduom but to give him the opportunity to correct the errors on his nomination forms for reconsideration by the EC. Secondly, the gospel fact is that, there were no errors on the forms to be corrected by Nduom.

Instead, there were forgery, fraud and deception that are incurable.

Consequently, the EC can and must still disqualify Nduom because he committed electoral crime on his original nomination form, an offence subject to further investigation, prosecution, a fine and or imprisonment and a five-year ban, when convicted.

I admit that Nduom has not been charged, tried and convicted so is innocent until proven otherwise. Nevertheless, someone who aspires to the highest office of the land must uphold the highest standard of trust and honesty. On this occasion, Nudom has failed and not fit for the office of the President of the Republic and should be disqualified.

The Attorney General and the police must speed up their investigations as a matter of urgency and put Nduom and Richard Aseda (Asida) before the court as soon as possible but not before 7 December 2016. Nduom should be jailed and banned if found guilty as in the case of Adamu Sankade.

For those who are suggesting that the EC should invite all the other twelve disqualified aspirants and put them back on the ballot papers, you are misguided because most, if not all of them also committed forgery, fraud and deception and must suffer the same penalty as Adamu Sankade. All Ghanaians are equal before the law.

In conclusion, this case has not only exposed the unwillingness and inability of the citizenry to comply and obey the laws, rules and regulations but also the unwillingness and inability of the authorities to enforce the same.

What are laws, rules and regulations for if even the courts would not enforce them across board but do so selectively on the basis of one’s wealth, power and position in society? This is the root cause of corruption, poverty, disease and underdevelopment in Ghana. Nduom and others must not only be disqualified but also charged, prosecuted, jailed and banned when found guilty.
Kofi 9 years ago

Arrogance will hurt Charlotte Osei. She needs to learn some wisdom from the wise.

Arrogance will hurt Charlotte Osei. She needs to learn some wisdom from the wise.
Ekow Samuel. 9 years ago

The Nduoms is a winner,God bless you and oman ghana.

The Nduoms is a winner,God bless you and oman ghana.
CHN 9 years ago

If this Bitch was a Ghanaian Born She will not Behave so Bitchy . Ghanaians we are Family and we grant each other a chance to correct mistakes. That is our Peace ! This Nigerian Pig should Resign before she turn our Peaceful ...
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If this Bitch was a Ghanaian Born She will not Behave so Bitchy . Ghanaians we are Family and we grant each other a chance to correct mistakes. That is our Peace ! This Nigerian Pig should Resign before she turn our Peaceful elections into Boko Harams ....
Kwame 9 years ago

Respectfully if the EC wins the SC case will the country be honoured with your new comments please. Nice day

Respectfully if the EC wins the SC case will the country be honoured with your new comments please. Nice day
Forest Commander 9 years ago

Leave innocent Charlotte Osei alone. She is not the cause of your woes now. if Martin describes her as being arrogant then how will describe himself. It is his arrogance and belligerence that caused him his office. If he is f ...
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Leave innocent Charlotte Osei alone. She is not the cause of your woes now. if Martin describes her as being arrogant then how will describe himself. It is his arrogance and belligerence that caused him his office. If he is frustrated he deal with his frustration and leave the EC Boss alone

Whyte 9 years ago

Martin, you are a true patriot. I wouldn't pray that this country lands in the ditch, however, Madam Charlotte Osei is trying to do just that with the Ndc. It won't suffice.

Martin, you are a true patriot. I wouldn't pray that this country lands in the ditch, however, Madam Charlotte Osei is trying to do just that with the Ndc. It won't suffice.
WHYTE 9 years ago

Martin, you are a true patriot. we need such in this nation. Charlotte Osei and the NDC's plot won't suffice. Abject arrogance on EC's part.

Martin, you are a true patriot. we need such in this nation. Charlotte Osei and the NDC's plot won't suffice. Abject arrogance on EC's part.
Mr Wise 9 years ago

Your character is your enemy and stop scrupulous behavior denigrating the image and reputation of the country with your negative attitude.

Your character is your enemy and stop scrupulous behavior denigrating the image and reputation of the country with your negative attitude.

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Full statement: Martin Amidu's take on Charlotte Osei, EC & disqualifications

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