Can EC still disqualify Dr Nduom?

Read Article

Comments (71)

This article is closed for comments.

Read Comments Comments (71)

ENOMA 9 years ago

Kofi, that was an excellent piece. I think you are right on the money. The disqualification should still stand. Those that aspire to hold the highest office of the land should be held to a higher standard.

Thank you bro!

Kofi, that was an excellent piece. I think you are right on the money. The disqualification should still stand. Those that aspire to hold the highest office of the land should be held to a higher standard.

Thank you bro!
Papa 9 years ago

What twisted mind will concoct such garbage and parade it as a learned piece. Essentially, dream up a conclusion and use magic to support it. These NDC people can be tiresome.

What twisted mind will concoct such garbage and parade it as a learned piece. Essentially, dream up a conclusion and use magic to support it. These NDC people can be tiresome.
SARPONG 9 years ago

Kofi Ata is my friend at this website and he is wrong on this one. How can Kofi even say that Dr Bryon committed fraud and compared his case to Sakande who knowingly denied his British citizenship?

I will not indulge in th ...
read full comment

Kofi Ata is my friend at this website and he is wrong on this one. How can Kofi even say that Dr Bryon committed fraud and compared his case to Sakande who knowingly denied his British citizenship?

I will not indulge in this technical terms because I am not a lawyer but how could Kofi Ata say that Dr Nduom knowingly presented fraudulent forms? How could he have known that the said Richard Aseda/Asida has also endorsed another candidate?

Kofi, I know that you are somebody who do a lot of research on your articles, are you aware that the election laws compel the EC to give these candidates certain number of days to correct mistakes or anomalies on their forms when the EC finds out which the EC in this case did not do?

The Judge was right, there is no evidence Dr Nduom knowingly submitted fraudulent forms. If anybody needs to be charged for fraud, it should be the said Richard Aseda/Asida and not Dr Nduom.

Secondly, the EC erred by failing to give Dr Bryon a reasonable time to correct his forms after the EC found out this individual has also endorsed another candidate which Dr Nduom has no knowledge of.
SARPONG 9 years ago

Dr. Nduom not Dr. Byron. I am using my phone and when I type Dr. Nduom, it comes out Byron or Idiot, can't believe it.

Dr. Nduom not Dr. Byron. I am using my phone and when I type Dr. Nduom, it comes out Byron or Idiot, can't believe it.
1 Loaf 9 years ago

Your phone is simply telling you you an idiot

Your phone is simply telling you you an idiot
Kofi Ata, Cambridge, UK 9 years ago

Good Morning SARPONG from this side of the pond. Some of us here are increasingly becoming worried that you guys over there want to follows us with a Brexit result on November 8 and give the world President Trump. Please do n ...
read full comment

Good Morning SARPONG from this side of the pond. Some of us here are increasingly becoming worried that you guys over there want to follows us with a Brexit result on November 8 and give the world President Trump. Please do not put sand sand in our gari.

Now to the issues you raised in your contribution. First of all, let me clarify that Aseda/Asida is not alleged to have endorsed the nomination form of another aspirant but only that of Nduom. However, he endorsed as a registered voter in two districts (one Volta and another in Central Regions). Second, he used different signatures for each of the endorsements. Had it not been his voter ID number, it could have been assumed that it's different individuals with the same name, which is possible.

The above are clear signs of deception and forgery by by Aseda/Asida. So why should Nduom be held responsible for Aseda/Asida's potential unlawfu and criminal acts? It is the responsibility of Nduom to ensure that not only all those who endorse his nomination form are qualified to do so under the laws of Ghana but also do not use deception and forgery. Once Nduom signed the form and attested that his form met all the requirements under the laws, he assumed responsibility for what was on the form. Nduom therefore could not say by way of defence that he did not know that Mr Aseda/Asida is a double registrant. Did he enquire from Aseda/Asida if he was qualified to endorse under the laws of the land before allowing him to do so?

I am not sure if subsrcibers such as Aseda/Asida were expected to record their Voter ID number on the nomination form. If that was the case, then, that makes it even worse for Nduom because in that case, it should have occurred to Nduom that two of his subscribers had the same Voter ID number, which should have rang alarm bells. If Nduom did not know, then that is negligent and irresponsible on his part for which he should pay the price for.

I think I made it very clear in the articles that, Nduom form did not contain error/s or mistakes. Unless you guys are refusing to read the reasons given by the Returning Officer for Nduom's disqualification. It's forgery, fraud, and deception, which are unlawful and criminal under the electoral laws of Ghana. How on earth was the Returning Officer to ask Nduom to cover up his unlawful and criminal acts beggars belief.

I avoided writing a legal article as that would have been too long as I had rely on authorities. As a result, I did not even mention the legal doctrine of "Ex turpi causa non oritur action" (plantiff cannot pursue remedy legal remedy if it arises from his own wrong doing).
Kotey 9 years ago

In addition to your legal doctrine of a plaintiff can not pursue legal remedy if it arises from his own wrong doing.I will also add the equitable doctrine which says Equity will not allow a statute to be used as a cloak for f ...
read full comment

In addition to your legal doctrine of a plaintiff can not pursue legal remedy if it arises from his own wrong doing.I will also add the equitable doctrine which says Equity will not allow a statute to be used as a cloak for fraud.
SARPONG 9 years ago

Thanks for the clarification but still Nduom could not be held responsible for Aseda fraud. You even said that his signature was different so Bryon could have assumed they are two different people.

Anyway, have you read Ma ...
read full comment

Thanks for the clarification but still Nduom could not be held responsible for Aseda fraud. You even said that his signature was different so Bryon could have assumed they are two different people.

Anyway, have you read Martin Amiidu opinion on this at the forum today? If you have not, try to do so.My greetings to Madam and the children.
Truth 9 years ago

We just have to get a forensic expert in Ghana to prove that it was not Aseda's fingerprints on one of the forms in question.
If you looked at the photocopy of the said form, you would have noticed a space (showing what app ...
read full comment

We just have to get a forensic expert in Ghana to prove that it was not Aseda's fingerprints on one of the forms in question.
If you looked at the photocopy of the said form, you would have noticed a space (showing what appears to be a white-out with visible ink marks)in front of Aseda's name.
I believe someone at the EC forged that as part of the conspiracy to disqualify Nduom. Someone who had stood elections twice before, the last time when the party was only a few months old. On the conspiracy theory,the EC then held unto the forged form (not alerting the PPP and Nduom about it because that was their plan) until the D day to disqualify him.
Your one way and misguided assertion that Nduom and Aseda must be arrested is so NDC and outright foolish. It will not stand the test of our SC. Maybe the kangaroo PNDC courts.
Mama Tula 9 years ago

kofi I enjoyed your piece and all the questions asked in that article were the same questions I was asking myself although I am not a lawyer but just a lay man. The judgement shows that the elite can do anything an get away w ...
read full comment

kofi I enjoyed your piece and all the questions asked in that article were the same questions I was asking myself although I am not a lawyer but just a lay man. The judgement shows that the elite can do anything an get away with it but the common man will always not have justice. Has the judge actually considered the criminal aspect of the case or he was annoyed because the EC's lawyer was trying to point out to him that Nduom or what ever he is called has acted crimiminally. Hmmmmm sometimes the public's perception that some of our judges are corrupt and right. All those who are jumping on the back of the EC chairman should reconsider their position. What a society we live in and people will go to any length to support wrong doing. Charlotte Osei is not a law unto herself but just doing her job fairly. Thanks again Kofi Ata. good piece.

Henry the Gambia 9 years ago

Kofi you submission is excellent and thought provoking. One of the issues you raised is the in injustices caused by selective justice. The president is committed this injustice by releasing the M3. Woyome is walking free when ...
read full comment

Kofi you submission is excellent and thought provoking. One of the issues you raised is the in injustices caused by selective justice. The president is committed this injustice by releasing the M3. Woyome is walking free when people are jailed with hard labour for stealing farm products such as cassava, maize, plantain just because they are poor and have no connections. For me the court houses are more corrupt than any instruction you can think of. in fact the judge, the lawyer, and the master of the courts are conspire to punish innocent people while the real rich culprits walk free. I am not saying that Nduom fall under this category of the rich. But going by Kofi's submission, the EC and the lawyer of Nduom have to revise their notes. Having said this, the EC must not be seen as working for a particular party otherwise the confusion will "basaaa"
DEAR 9 years ago

Was the judgement politically motivated?

Was the judgement politically motivated?
Nana Addo 9 years ago

Well said/written.

Well said/written.
Prof Lungu 9 years ago

Kofi Atta,
Following rules ought to be elementary to those seeking higher office and top positions.

READ: "...It was precisely these “errors that also constitute potential forgery, fraud and deception upon which the Re ...
read full comment

Kofi Atta,
Following rules ought to be elementary to those seeking higher office and top positions.

READ: "...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..."

WE SAY: When history is written, Justice Bafour's order may turn out to be as misplaced and a poor reflection on the Ghana judiciary as Attorney Sory's statement about the independence of the EC is on the competence of Ghanaian lawyers.

YOU: "...In conclusion...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...".

WE SAY: 'Nuff said!
easy boy 9 years ago

"Taking Ex DPKN3, it would be difficult to conclude, without admitting further evidence and arguments that there is something palpably wrong with Ex DPKN2. And as there is the need for admission of further evidence and argume ...
read full comment

"Taking Ex DPKN3, it would be difficult to conclude, without admitting further evidence and arguments that there is something palpably wrong with Ex DPKN2. And as there is the need for admission of further evidence and arguments to determine error, if any, I find and I am persuaded that the second leg of Applicant’s challenge to the decision of the Respondents that there was an error apparent on the face of the record has not been made out."

This is what the judge said.......

REPUBLIC v HIGH COURT, ACCRA; EX PARTE SALLOUM & OTHERS (COKER INTERSTED PARTY) Suit No J5/4/2011 the majority per Anin Yeboah JSC stated that:

“The courts in Ghana and elsewhere seriously frown upon breaches of the audi alteram partem rule to the extent that no matter the merits of the case, its denial is seen as a basic fundamental error which should nullify proceedings made pursuant to the denial”.

The judge never went into the merit of the case
The Motherland 9 years ago

Atta Kofi, you mean all that brilliant riposte came from an "unlearned mind?" Please don't be cheeky, cos this is one brilliant riposte past excellence.
Is there anyone out there prepared to reply Atta Kofi on this score? Pl ...
read full comment

Atta Kofi, you mean all that brilliant riposte came from an "unlearned mind?" Please don't be cheeky, cos this is one brilliant riposte past excellence.
Is there anyone out there prepared to reply Atta Kofi on this score? Please I can't wait to hear you fumble and fail miserably.
Kudos, Atta Kofi
Jojo Hammond, New Jersey 9 years ago

Kofi, Until your piece, I was wondering what Dr. Nduom was being asked to correct or amend/alter on the nomination forms? How can one be asked to amend an illegality, a potential crime.

Unlike you, I am completely clueles ...
read full comment

Kofi, Until your piece, I was wondering what Dr. Nduom was being asked to correct or amend/alter on the nomination forms? How can one be asked to amend an illegality, a potential crime.

Unlike you, I am completely clueless when it comes to illegalities (you don't write like someone without legal training), but some common sense should apply here.

I hope this discussion will not take on the usual partisan postures, against and for the EC.

I agree with your conclusion, and would like to hear/read what other learned readers think of it.

Great piece, as always !!!!
Jojo Hammond, New Jersey 9 years ago

Meant to write "Unlike you, I am completely clueless when it comes to legalities........"

Meant to write "Unlike you, I am completely clueless when it comes to legalities........"
francis kwarteng 9 years ago

Yes, it is a great piece indeed. Kofi writes like a great lawyer! I really enjoyed reading it though, and also agree with Kofi in substance!

Yes, it is a great piece indeed. Kofi writes like a great lawyer! I really enjoyed reading it though, and also agree with Kofi in substance!
Kotey 9 years ago

The ruling by Justice Baffour on his decision to reinstate Nduom is a travesty and abuse of the court powers under the constitution.

In a nutshell, judicial review is the power of a court to review the actions of executive ...
read full comment

The ruling by Justice Baffour on his decision to reinstate Nduom is a travesty and abuse of the court powers under the constitution.

In a nutshell, judicial review is the power of a court to review the actions of executive or legislative or public bodies to determine whether their action is consistent with statute, and the Constitution which set it up and for which they are answerable.

Unless they exceeded the authority granted by the constitution no court has the right to order it to do anything contrary.The role of the court is just to ensure that the powers granted by the constitution is strictly adhered to.

The role of the court is to determine whether the the ec operated within its authority and if not to ask the ec to follow its rules and procedure.In this case there was suggestion that the the ec did not follow the statute governing its operation so why the interference from the court.

In coming to its decision the court said the ec's decision was Wenesbury unreasonable which is defined as a decision so unreasonable that no sane person will come to such a conclusion.If the ec operated within its remit how do you come to such conclusions.This judge's mind was made up and only wrote this judgement with that in mind.

Kwadwo 9 years ago

Kofi, the law directs the EC to inform the candidate s o amend their forms within a stipulated time f there are errors on the forms or are even difficient. The EC fails to do this and you expect a court to affirm the EC's d ...
read full comment

Kofi, the law directs the EC to inform the candidate s o amend their forms within a stipulated time f there are errors on the forms or are even difficient. The EC fails to do this and you expect a court to affirm the EC's decision? The EC acted capriciously and under the standard of judicial review of admistrative decisions it was reversed.
Additionally, how was Nduom supposed to know a voter has registered multiple times if the voter list is in the exclusive possession of the EC. This fraud insinuation therefore also falls flat. The EC's decision seems political and the court clearly saw through it.
Prof Lungu 9 years ago

Kwadwo,
Kofi Atta has provided a perspective -- his, which, in the opinion of all commenters thus far, indicates he put some thought into composing his essay, arriving at his own conclusion(s).

So, it looks to us it is ...
read full comment

Kwadwo,
Kofi Atta has provided a perspective -- his, which, in the opinion of all commenters thus far, indicates he put some thought into composing his essay, arriving at his own conclusion(s).

So, it looks to us it is you who has arrived at the case with "emotional garbage."

How come you could not simply make your point?

YOU: "...the law directs the EC to inform the candidate s o amend their forms within a stipulated time f there are errors on the forms or are even difficient..."

WE ASK: So, tell us.

What exactly does the law say, Kwadwo?

And if you have time, tell us what is on the presidential form with respect to truth and accuracy, before the signature is appended to that form?

(By the way --- we checked for information from the EC website. Looks like the entire portal is down).

Greetings.
francis kwarteng 9 years ago

I really enjoyed Kofi's piece!

I really enjoyed Kofi's piece!
ADJOA WANGARA 9 years ago

kwarteng, you better go back to school to learn English, your English stinks!

kwarteng, you better go back to school to learn English, your English stinks!
DR. SAS, ATTORNEY AT LAW 9 years ago

Prof. Lungu,

It looks like your grammar has been going downstream for a while.

What is:

So, it looks to us it is you who has arrived at the case with "emotional garbage"??

The easy way to figure the grammar out i ...
read full comment

Prof. Lungu,

It looks like your grammar has been going downstream for a while.

What is:

So, it looks to us it is you who has arrived at the case with "emotional garbage"??

The easy way to figure the grammar out is to look at the noun preceding the relative pronoun and make it conform accordingly: So, it looks to us it is you who HAVE arrived at the case with "emotional garbage."
Prof Lungu 9 years ago

English man!

What is important to the lawyer??????????

English man!

What is important to the lawyer??????????
SARPONG 9 years ago

Kwadwo, you are right and that is exactly what the EC should have done but failed to do. My friend Kofi Ata is very wrong on this one. The Judge interpreted the law clearly in his decision which has been accepted by the legal ...
read full comment

Kwadwo, you are right and that is exactly what the EC should have done but failed to do. My friend Kofi Ata is very wrong on this one. The Judge interpreted the law clearly in his decision which has been accepted by the legal brains in Ghana and I am dumbfounded Kofi Ata is talking about fraudulent charges against Dr Nduom.
Kofi Ata, Cambridge, UK 9 years ago

Kwadwo, I write articles not to impose my views on others but to share ideas and open the subject matter for discussion/debate.I do not expect all readers to agree with me but I also do not expect abusive language from reader ...
read full comment

Kwadwo, I write articles not to impose my views on others but to share ideas and open the subject matter for discussion/debate.I do not expect all readers to agree with me but I also do not expect abusive language from readers just because they disagree with me.

Regarding the question of errors, it is till my view that Nduom's nomination form did not contain errors. As per the reasons given by the Returning Officer, it contained potential forgery, fraud and deception which are criminal under electoral laws of Ghana and should not be covered up with mere correction but by investigation,followed by possible charges and prosecution. I am still of the view that the Justice Bafour erred in accepting that there were errors.

Refer to my earlier response to SARPONG's question on how Nudom had obligation to ensure that those who endorsed his form were qualified to do so under the electoral laws of Ghana. In addition to that Ghanaians expect their future president to be responsible and not merely say, I did not know.
Adu Sco WOSUMA 9 years ago

Mr. Kofi Atta articles have always been thorough, well written and researched. We need to call a spade a spade. The Judge erred in his decision to use "the statue to cloak Fraud or Forgery".
Adu Sco WOSUMA

Mr. Kofi Atta articles have always been thorough, well written and researched. We need to call a spade a spade. The Judge erred in his decision to use "the statue to cloak Fraud or Forgery".
Adu Sco WOSUMA
C.Y. ANDY-K 9 years ago

Kofi Atta, expect abusive language if you write nonsense for readers to read. Oh! yes! It 's very normal that readers some will always abuse if they are being selved with garbage.

Kofi Atta, expect abusive language if you write nonsense for readers to read. Oh! yes! It 's very normal that readers some will always abuse if they are being selved with garbage.

THE REAL C.Y. ANDY-K 9 years ago

Kofi,

First of, know that it was my impersonator who wrote the above. I rarely comment on postings on Ghanaweb for quite a while now, but this bloke that is enamoured with my initials and name has using them to write all k ...
read full comment

Kofi,

First of, know that it was my impersonator who wrote the above. I rarely comment on postings on Ghanaweb for quite a while now, but this bloke that is enamoured with my initials and name has using them to write all kinds of silly things.

Anyway, just as the previous election, I really didn't give a rat's tail about this election and so hasn't been ff the shenanigans. They are all scoundrels, and we all know that. Don't we? Thus, reading your piece is quite an opener to me. I absolutely agree with your analysis. For the sake of maintaining ane enforcing law and order in lawless Ghana, I side with you and the EC which has just gone to the SC.

It's a shame that those around Dr Nduom could allow such a shady thing to happen, as I am quite sure he didn't review the papers himself before presentation to the EC. Imagine what they'd be up to when in power.

Andy-K
Truth 9 years ago

Of course it is your opinion and a wrong one. The electoral law does not say the EC should disqualify before seeking judgement against an error (in your case forgey by the EC...see my other reasons for this). It says, EC shal ...
read full comment

Of course it is your opinion and a wrong one. The electoral law does not say the EC should disqualify before seeking judgement against an error (in your case forgey by the EC...see my other reasons for this). It says, EC shall give the applicant the opportunity to amend, not withhold the EC forged paper until the last day to disqualify.Why did the EC hold onto the forms for 10 days, and not inform Nduom and the PPP about the error( EC forgery)on the same day they received the package? Did the EC not violate the electoral law of the country then? What were they doing with the forms during those days? Could someone say, EC criminal alterations? Well, SC case will be interesting and I will come back to let you know about it .
My common sense opinion
Chief Asare 9 years ago

I was surprised by the EC legal representative statement that the court cannot subject the EC to abide by the rules. The EC legal department should be sacked for failing to present and defend the disqualification properly. Th ...
read full comment

I was surprised by the EC legal representative statement that the court cannot subject the EC to abide by the rules. The EC legal department should be sacked for failing to present and defend the disqualification properly. The legal team should have argued on the basis of fraud, forgery, and misleading of public officer as committed on the submission of Nduom's application. You don't give someone an opportunity to amend something when there is suspicion or believe a crime or fraud has been committed. The lawyer should have argued that Nduom's disqualification wasn't based on procedural or natural justices but rather on the basis of alleged fraud, forgery and misleading the public officer and the matter has been referred to the CID for further investigation. The questions is, what is Nduom going to amend if his application is handed back to him? Change the apparent forgery, fraud by Asida? What happens to the person who endorsed Nduom's application? Walk away free? What an incompetent legal brains.
Dziko Kwame 9 years ago

Onua Kofi Ata

This is brilliant.

Long live Ghana

Onua Kofi Ata

This is brilliant.

Long live Ghana
1 Loaf 9 years ago

Ho ho hook! Me, l am more than excited. Unlearned minds de talk oooo

Ho ho hook! Me, l am more than excited. Unlearned minds de talk oooo
King 9 years ago

The Jugde gave a very sound ruling, I was surprised that we still have such a brilliant judges in this country. The issue of given Ndoum an opportunity to amend his forms is not a discretionary powers by the EC, but an obliga ...
read full comment

The Jugde gave a very sound ruling, I was surprised that we still have such a brilliant judges in this country. The issue of given Ndoum an opportunity to amend his forms is not a discretionary powers by the EC, but an obligation imposed on them by the constitution of Ghana. Everything on the form can be amended including his name and signatures within the nomination period. The question is, did the EC set a nomination period?
Did the EC give them opportunity to do amendment on the forms when it was found to be unsatisfactory?
The position of the EC is not to take interest in preventing people from getting elected but to support the country for selecting leaders.
On the issue of forgery, it is not within the powers of EC to determine a forged signature, it should be subjected to forensic investigation and that will require admitting further material evidence to prove, and this cannot be done by any of the candidate prior to submitting of forms. That's why the constitution simply say that give them opportunity to amend anything you think it is not satisfactory on the form.
Eii Ghana 9 years ago

I think so. How will the candidate know which signatures were forged prior to submitting the forms unless by foresensics? Couldn't the forged signature have been made deliberately by either an EC official, an official of the ...
read full comment

I think so. How will the candidate know which signatures were forged prior to submitting the forms unless by foresensics? Couldn't the forged signature have been made deliberately by either an EC official, an official of the PPP party or Nduom himself (which I doubt) so that he is disqualified? Why should the candidate not have the opportunity to correct an error? Also why has EC not provided the exclusion list to the public and the new register?? These are the reasons why In my own opinion the EC went wrong, though, yes, they could disqualify based on PROVEN case of forgery.
Kofi Koomson 9 years ago

King, you are WISE!!! After 7 december polls you are going to be the minister for wise thinking.

King, you are WISE!!! After 7 december polls you are going to be the minister for wise thinking.
Papa 9 years ago

So you NDC quack sat down maybe consulted other conspirators to fashion a so-called intellectual piece to twist facts you don't even have proof of? You hatched a plot against Dr. Nduom and failed miserably. Now what? You w ...
read full comment

So you NDC quack sat down maybe consulted other conspirators to fashion a so-called intellectual piece to twist facts you don't even have proof of? You hatched a plot against Dr. Nduom and failed miserably. Now what? You want to go through the back door, again? Use your brains for positive, productive purposes. No wonder every NDC administration has left Ghana worse off than it met it.
francis kwarteng 9 years ago

Thank you Brother Kofi Ata. You make some interesting and powerful arguments.

I watched Ayikoi Otoo on Newsfile and realized that he was not making sense at all in regard to the central question Samson Lardy Ayenini asked ...
read full comment

Thank you Brother Kofi Ata. You make some interesting and powerful arguments.

I watched Ayikoi Otoo on Newsfile and realized that he was not making sense at all in regard to the central question Samson Lardy Ayenini asked him.

For my own information, however, your arguments are morally weightier and far more legally logical than anything Ayikoi said on Newsfile.

I can see you put a lot of thought and work in this masterpiece!

Thank you!
JOHN 9 years ago

IF MONEY HAS NOT INFLUENCED THIS RULING, THEN WHAT AGAIN?.A VOTER ENDORSES A CANDIDATE IN VOLTA REGION. THE SAME CANDIDATE CHANGES HIS SIGNATURE AND ENDORSES SAME CANDIDATE IN CENTRAL REGION AND YOU REGARD THIS AS AN ERROR?.

IF MONEY HAS NOT INFLUENCED THIS RULING, THEN WHAT AGAIN?.A VOTER ENDORSES A CANDIDATE IN VOLTA REGION. THE SAME CANDIDATE CHANGES HIS SIGNATURE AND ENDORSES SAME CANDIDATE IN CENTRAL REGION AND YOU REGARD THIS AS AN ERROR?.
francis kwarteng 9 years ago

That is the point. In fact you are on point! Kofi's article is a masterpiece!

That is the point. In fact you are on point! Kofi's article is a masterpiece!
Neu 9 years ago

I have realised that the EC LAWYER conspired and took bribe to make sure that Nduom is qualified. This is not the first time the ec lawyer is behaving same. He did sane during the election petition by Nana Addo. The EC LAWYER ...
read full comment

I have realised that the EC LAWYER conspired and took bribe to make sure that Nduom is qualified. This is not the first time the ec lawyer is behaving same. He did sane during the election petition by Nana Addo. The EC LAWYER IS a bribe taker.
BERNARD 9 years ago

LOOSE WEIGHT NATURAL
Do you want to lose weight faster?
Do you want to flush out and eliminate toxins?0572174551
Do you want to have a nice shape?
Do you want to do more physical exercise without fatigue?
Wondering how ...
read full comment

LOOSE WEIGHT NATURAL
Do you want to lose weight faster?
Do you want to flush out and eliminate toxins?0572174551
Do you want to have a nice shape?
Do you want to do more physical exercise without fatigue?
Wondering how to loose stomach fat?
Searching for tummy sharper?0572174551
The Unique thing about our products is that, It has adaptogenic properties that allows it concentrate at areas where there is high fat concentration in your system and fights it out, so if you have more belly fat or arm, etc it gets rid of it.It helps to control your appetite by Acting as an appetite suppressant, it helps you to inhibit the production and storage of excess fat in your system, it also helps you to Block carbohydrates and fat absorption in your system and aid excess fat burns.
DR. SAS, ATTORNEY AT LAW 9 years ago

1. If Kofi really understood the judgment he claims to have read, he would have realized that the argument made of error on the face of the record by Nduom was rejected by the Court, which found that there was no error on the ...
read full comment

1. If Kofi really understood the judgment he claims to have read, he would have realized that the argument made of error on the face of the record by Nduom was rejected by the Court, which found that there was no error on the face of the record. I disagree with the Court on this one. The Court consulted only on piece of record among several others and concluded that the error was not apparent on the face of the record.

2. The Court's argument that the declarations by Plaintiff which occurred in the motion instead of the affidavit was harmless error which should be overlooked was troubling. If a statement should be verified in an affidavit but is made unsworn in a motion, the Court should strike the statement and order a refiling of the cause. Because of the seminal nature of this ruling, the conclusion of the court that this was harmless error is rather disturbing.

3. The Court had it right on the substantive matter of the disqualification itself. As the judge rightly stated, “The conduct of the Returning Officer and the Commission in its denial of the right afforded the Applicant by law to make alteration or amendment to his form has been taken in a petulant fashion and their decision in respect of Applicant has been extremely perverse.”

The Court's strident admonition to the Electoral Commission was very disturbing, given that administrative decisions are not easily set aside. (Read about the Chevron deference).

But the ruling serves the end of justice, supporting the overarching view that the decision taken by the Electoral Commission was so preposterous as to be bereft of any scintilla of commonsense. The foregoing was the right standard that was applied to reverse the decision of the Commission.

4. The Court's decision is a ruling in mandamus which must be broadly construed to include all those other disqualified candidates, and I strongly believe that is how the Electoral Commission will finally construe it. It has no choice!

5. Any other thing Kofi Ata has said here is rather moot, and of no effect, since he is rather relitigating a matter that has been solidly decided by the Court.

Dr. Samuel Adjei Sarfo,

Attorney and Counselor at Law.
DR. SAS, ATTORNEY AT LAW 9 years ago

Somebody here found it inappropriate that the Court made up its mind about the matter and found the legal argument to support its opinion.....I agree with him.

But that is exactly how decisions are made by all good judges. ...
read full comment

Somebody here found it inappropriate that the Court made up its mind about the matter and found the legal argument to support its opinion.....I agree with him.

But that is exactly how decisions are made by all good judges. You begin by taking a long view about justice and fairness, and the future implications of your decision, and then proceed to argue the opinion with fairness and justice and the implications in mind.

That is the prudential approach to the court's decision-making process....

Statutory construction must be made to avoid any absurd consequence. Imagine what would have happened to our democracy if the power to disqualify presidential candidates is left in the hands of a single person or entity.
agyapee147 9 years ago

atta kofi, you cannot blame the judge. ask yourself did the EC lawyer raised the criminality and the points you are raising? it is not the duty of the judge to defend the EC. lawyer sory gave the victory to otoo.

atta kofi, you cannot blame the judge. ask yourself did the EC lawyer raised the criminality and the points you are raising? it is not the duty of the judge to defend the EC. lawyer sory gave the victory to otoo.
Kofi Ata, Cambridge, UK 9 years ago

Please do not blame Counsel for the EC. He could not argue on the forgery, fraud and deception grounds because the judge said he was not interested in the merit of the case.

Please do not blame Counsel for the EC. He could not argue on the forgery, fraud and deception grounds because the judge said he was not interested in the merit of the case.
Dr. SAS, Attorney at Law 9 years ago

Here, the only issue at stake was whether or not the Commission acted ultra vires by disqualifying the Applicant. The Court decided this issue in the affirmative in favor of Dr. Nduom. Period!

As to the allegation of fraud ...
read full comment

Here, the only issue at stake was whether or not the Commission acted ultra vires by disqualifying the Applicant. The Court decided this issue in the affirmative in favor of Dr. Nduom. Period!

As to the allegation of fraud, it is a collateral matter insofar as intent, purpose or recklessness cannot be automatically derived from the face of the filing. And even if they can, it will be of no business of the Commissioner to convict and disqualify.

The sum total of the Commissioner's duty will still be to draw the attention of the applicant to the flaw or fraud and allow time for rectification of the defect/s. That's all.

I believe Ms Charlotte Osei's view of the law is unbelievably pedestrian, if not altogether puerile.
Abeeku Mensah 9 years ago

Are we to believe, Dr. SAS, that if a Ghanaian applied for a Ghanaian passport and an examiner at the Passport Office determined and found one of witnesses vouching for the applicant had engaged in acts that is classified as ...
read full comment

Are we to believe, Dr. SAS, that if a Ghanaian applied for a Ghanaian passport and an examiner at the Passport Office determined and found one of witnesses vouching for the applicant had engaged in acts that is classified as forgery, the Passport Office would be wrong to deny issuance of passport to applicant? Are you saying, Dr. SAS, that calling in the applicant to explain that he/she did not know the witness had done wrong would be enough for the Passport Office to go ahead and issue applicant a Ghanaian passport? In the best of circumstances, the applicant would be denied a passport, he/she would have to repurchase a new passport application form and restart the process. In the meantime, the applicant would have missed out on a trip outside Ghana or the opportunity to do what they needed the passport for.
I chose a passport analogy because it is well suited for this case. Those who signed Paa Kwesi Ndoum's application form did act as witnesses to his person and everything else submitted. They are not just decorations. Paa Kwesi Nduom is barred from politics and or future aspirations; he just missed the deadline for this year’s running. The corner stone of societal laws is deterrence. I have always railed against the unprincipled stance of our so-called educated class for precisely what you guys are doing and saying here. Are we taking sides because it’s an opportunity to put on an intellectual exercise? I would hope that you and Judge Bafour have not opened the door for criminals to have opened ended excuse since breaking the laws of the land or merits and foundations of a case does not matter anymore.
Dr. SAS, Attorney at Law 9 years ago

Don't conflate the issue with a convoluted and irrelevant analogy. We are talking here of person's that were disqualified on account of defects on their forms. Should they have been disqualified from running on account of the ...
read full comment

Don't conflate the issue with a convoluted and irrelevant analogy. We are talking here of person's that were disqualified on account of defects on their forms. Should they have been disqualified from running on account of these defects? The Court has said that they should be allowed to make the corrections and be reinstated. This is where we are.

You can debate the merits of the Court's judgment without resorting to hyperbolic analogies and imagery.

Also, stop making false statements that "Paa Kwesi Nduom is barred from politics and or future aspirations; he just missed the deadline for this year’s running...."

Under the present circumstances, that is a fraudulent statement.
Kotey 9 years ago

The ec did not act ultra vires by disqualifying the applicants.In fact they acted within the remit of their their authority and even the Judge was unable to dispute that is why he did not touch the substance of the ec's decis ...
read full comment

The ec did not act ultra vires by disqualifying the applicants.In fact they acted within the remit of their their authority and even the Judge was unable to dispute that is why he did not touch the substance of the ec's decision.What he did in his ruling was to use procedural impropriety as the basis of his decision and the right to be heard before a decision is made.

Was the judge right,no because there was a statutory cut point for submission and Ndoum had sufficient time to submit his application for scrutiny but he chose to do that in that last minute perhaps to avoid a thorough check.The Npp submitted their application a week before the deadline and had the privilege of corrections before cut point but Ndoum dishonestly chose to delay his till the last minute.

Equity will not allow a statute to be used as a cloak for fraud so says equity.
Dr. SAS, Attorney at Law 9 years ago

The Court's decision will sweep far enough to touch the very substance of the EC's decision. Trust me.

I would not parse procedure/form from substance because the two are intricately intertwined.

Please, do not rehash ...
read full comment

The Court's decision will sweep far enough to touch the very substance of the EC's decision. Trust me.

I would not parse procedure/form from substance because the two are intricately intertwined.

Please, do not rehash an old argument that is now settled law: The PPP Presidential candidate will be given the chance to correct all defects in his form and resubmit; and so should all the other presidential candidates.

That is where we are.
Kotey 9 years ago

The judge had used technicalities to achieve what he had intended in the first place,to over rule the ec as has become the fashion in the courts.I believe that this case could easily crumble on appeal but will it be worth it. ...
read full comment

The judge had used technicalities to achieve what he had intended in the first place,to over rule the ec as has become the fashion in the courts.I believe that this case could easily crumble on appeal but will it be worth it.

Of course the Judge at least recognized that it is only the ec that can reinstate them so what he has done is to ask the ec to allow them to correct and amen what many see as criminality.

candidates should be advised to have the means of altering or amending their nomination forms ready by their side to effect the alterations, amendments and corrections at the shortest notice by the Commissioner.

The Commissioner will have to look at what they can amend maybe spelling mistakes and decide whether to ignore the criminality and put them on the ballot paper.

The ec has one more chance to make a determination of the validity of each of the nominations again and the aspiring candidates must not be caught with their pants down when she calls upon them to amend their nomination forms in accordance with the Regulations.
Dr. SAS, Attorney at Law 9 years ago

I agree with you.

No further comment.

I agree with you.

No further comment.
Mama Tula 9 years ago

My answer to your question is "yes it will be worth it if the EC goes back to court on appeal"
As you rightly mentioned, the use of technicalities has become the fashion of our courts today and that has made the EC Chairman ...
read full comment

My answer to your question is "yes it will be worth it if the EC goes back to court on appeal"
As you rightly mentioned, the use of technicalities has become the fashion of our courts today and that has made the EC Chairman or the EC in general look so bad and inefficient in the eyes of our intellectuals.
Truth 9 years ago

Dr. SAS, exactly my thought. Case closed.

Dr. SAS, exactly my thought. Case closed.
B San 9 years ago

Atta Kofi, I don't usually agree with you but as for this one my grading is an A+

Atta Kofi, I don't usually agree with you but as for this one my grading is an A+
New Sherrif in Town 9 years ago

My understanding was that the Judge in the Nduom case relied on the EC's own CI 94.9. That is where the EC own its own wisdom and legal intellect provided for a "nomination day" and "nomination period" but it happened that th ...
read full comment

My understanding was that the Judge in the Nduom case relied on the EC's own CI 94.9. That is where the EC own its own wisdom and legal intellect provided for a "nomination day" and "nomination period" but it happened that there was a "nomination day" but not a "nomination period". Again in CI 94 the EC itself had legislated to allow for "errors" to be corrected in the nomination forms within the "nomination period", something that the previous chairman in his "unlearned" mind had found expedient to allow as a convention to promote our multi-party democracy. Why is CI 94.9 - that does not make any reference to "forgery, fraud et all lost - on the legal brains like Kofi Atta and Dr. SAS?
KA 9 years ago

1. I think your point is very well argued. Do not spoil your argument by telling us TWICE that you are a layman (not a lawyer).The interpretation of the law is not only for people who have attended law school. The potential i ...
read full comment

1. I think your point is very well argued. Do not spoil your argument by telling us TWICE that you are a layman (not a lawyer).The interpretation of the law is not only for people who have attended law school. The potential is there for you to make better legal arguments than people who have a law degree - or certificate (as in the case of Akufo-Addo even if that certificate is lost).

2. When you write something for people to read, there is no need for you to write "... and I quote" because whatever you quote will be put in citation marks and the reader will know that you are quoting. It is, therefore, redundant to inform the reader that you are going to quote when the reader can see that by your use of quotation marks. The phrase "... and I quote..." is used only when someone is delivering a speech and the audience cannot SEE (or hear) the quotation marks that will inform him that he is about to hear a citation. In a written piece, it is unnecessary!

A related concern for 2 above is to put certain words in a different format to indicate that you, the writer, are emphasizing those words. Often, people use italics or bold type and indicate "emphasis mine" to show that the original writer did not emphasize those words. But ghanaweb does not allow for italics or bold type. More careful writers to ghanaweb put such words in capitals (Upper Case letters) and don't have to add "emphasis mine".

I think your argument is great. The piece has also brought forth other legal views to make it worthwhile reading and following.

Kudos!
Francis kwarteng 9 years ago

Eiii Prof. KA. I simply love your mind!

Enjoy your week.

Eiii Prof. KA. I simply love your mind!

Enjoy your week.
ADJOA WANGARA 9 years ago

The shameless Kwarteng is on it again with his bogus English. what nonsense is the idiot writing there again this time around?
I quote ..."Eiii Prof. KA. I simply love your mind!"
Francis Kwarteng, what is that silly Engli ...
read full comment

The shameless Kwarteng is on it again with his bogus English. what nonsense is the idiot writing there again this time around?
I quote ..."Eiii Prof. KA. I simply love your mind!"
Francis Kwarteng, what is that silly English!? ..."Love your mind"? Stupid fool!!!
Kofi Ata, Cambridge, UK 9 years ago

KA, advice well taken. You are right but I adopted this approach because a reader once questioned the source of my information despite putting them in inverted commas. Good Editor.

KA, advice well taken. You are right but I adopted this approach because a reader once questioned the source of my information despite putting them in inverted commas. Good Editor.
KOJO 9 years ago

This is great.

This is great.
Kotey 9 years ago

This case will end up with the supreme,it is where the buck must stop.Meanwhile another high court judge has dismissed another case with the same infractions and similar relief as of the ppp.

Joy an independent candidate h ...
read full comment

This case will end up with the supreme,it is where the buck must stop.Meanwhile another high court judge has dismissed another case with the same infractions and similar relief as of the ppp.

Joy an independent candidate had his case dismissed and the reasons will be given tomorrow.I can't wait,this should tell us legal reasoning can sometimes be shoddy and that no two judges think the same.
bamba 9 years ago

Some bits of mind burgling questions are tempestuous regarding the criminal aspects under which Dr. Nduom was disqualified.
Was Dr Nduom aware among the 432 registered voters who subscribed and endorsed him that Aseda had re ...
read full comment

Some bits of mind burgling questions are tempestuous regarding the criminal aspects under which Dr. Nduom was disqualified.
Was Dr Nduom aware among the 432 registered voters who subscribed and endorsed him that Aseda had registered in two districts with reference to pages 21/39 with different signatures? If he is not aware is he liable to committing electoral crime and how do we know if he knows Aseda the subscriber has signed twice using two different signatures.
The electoral commission must make a clear case of crime against the people of Ghana than to rest on the oars of political motivation of some kind from different angles.
Truth 9 years ago

Look at the form and the space before Aseda's name and you will see someone at the EC erased and left a space in front of his name. We will need a forensic expert to determine that. Seems like a cooked up fraud by the EC

Look at the form and the space before Aseda's name and you will see someone at the EC erased and left a space in front of his name. We will need a forensic expert to determine that. Seems like a cooked up fraud by the EC
Truth 9 years ago

where do we get these legal fools from?

where do we get these legal fools from?
easy boy 9 years ago

Please. Stop deceiving the public, no where did the learned Judge upheld Nduom second ground for certiorari, he held that on the face of the record, he does see any error as Nduom complains of since the court needs extrinsic ...
read full comment

Please. Stop deceiving the public, no where did the learned Judge upheld Nduom second ground for certiorari, he held that on the face of the record, he does see any error as Nduom complains of since the court needs extrinsic evidence to establish that fact.

He never contradicted himself when he said he needs not go into the merit of the case.
Yaw Adu-Asare 9 years ago

EC has a constitutional mandate, got it?

EC has a constitutional mandate, got it?
Nii 9 years ago

Court establishes an error and you are saying it is fraud? Must you condemn a citizen of fraud without hearing his side of the matter? Are armed robbers and murderers not giving hearing before they are convicted of the crime ...
read full comment

Court establishes an error and you are saying it is fraud? Must you condemn a citizen of fraud without hearing his side of the matter? Are armed robbers and murderers not giving hearing before they are convicted of the crime they might have glaringly committed? The EC cannot be a court by itself to unilaterally convict citizens without due process of law!

71 Comments

Welcome,

SIGN IN

Welcome,

RESET PASSWORD

Hello,

Terms and conditions

REGISTER

Can EC still disqualify Dr Nduom?

Read Comments .st0{display:none;fill:#14BDD3;} .st1{display:none;} .st2{display:inline;fill:#FC0F0F;} .st3{display:inline;fill:#FFFFFF;} .st4{display:inline;fill:none;stroke:#000000;stroke-width:6;stroke-miterlimit:10;} Comments (71)

Read Comments Comments (71)