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Court Orders EC To Correct Errors On Nduom’s Nomination Forms

October 28, 2016
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An Accra High Court has ordered the Electoral Commission to correct errors on the nomination forms submitted to it by the flagbearer of the Progressive People’s Party (PPP), Dr. Papa Kwesi Nduom.

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According to the judge the EC breached the regulations by not allowing Dr. Ndoum to make alterations.

He further asked the EC to make any decision after the correction on whether they had fulfilled all the requirements to be put on the ballot paper.

Background

Dr. Nduom was disqualified from the presidential race along with 12 other aspirants after anomalies were cited in their nomination forms.

At a hearing of this case on October 20, the court granted an application by the EC to abridge the time for the hearing of the injunction suit from going ahead with the processes to conduct elections in December.

According to its writ, the PPP is seeking an order of prohibition to restrain the EC from proceeding with balloting for position of presidential candidates for the 7th December elections.

According to its writ, the PPP is seeking an order of prohibition to restrain the EC from proceeding with balloting for position of presidential candidates for the 7th December elections.

The plaintiff is also seeking “…a further order directed against the 1st Respondent in her capacity as Returning Officer for Presidential elections to grant the Applicant the opportunity to amend and alter the one anomaly found in his nomination papers as well as accept his nomination papers as amended or altered to enable him contest as a Presidential Candidate for the 7th December 2016 elections.”

The suit has Dr. Papa Kwesi Nduom as the exparte applicant, Charlotte Osei, the EC Chairperson, as the first respondent, and the EC as the second respondent.

The writ noted that, “Hon. J. Ayikoi Otoo, Counsel for and on behalf of the applicant, will move this Honourable Court praying for an order for Judicial Review by way of Certiorari to bring to this Court the decision of the Respondents dated 10th October, 2016, which disqualified the Applicant as a Presidential Candidate for the 2016 General Elections, for purposes of having same quashed upon the grounds of… (1) Breach of the rules of natural justice (2) Error apparent on the face of the record and (3) Failing to live the requirement as imposed by law.”

Prior to this court action, Dr. Nduom had met with the EC boss to get her to rescind her decision, but the meeting ended with no hope for the renowned entrepreneur who was making a third and last attempt at the presidency.

We’ll go to Supreme Court if…

Lawyer for the PPP, Oyikoi Otoo had earlier told Citi News’ court correspondent, Fred Djabanor that the party will head to the Supreme Court if the ruling did not go in their favour.

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Tags: Accra High CourtCharlotte OseiCiti News courtcorrespondentcounselECEC chairpersonElectoral CommissionFred DjabanorGeneral ElectionsgovernmentHonourable CourtJ. Ayikoi OtoojudgeKwesi NduomLawlawyerLegal historyNdoumofficerPaa Kwesi NduompoliticsPresidential Candidatepresidential electionspresidential raceProgressive People's Partyrenowned entrepreneurRespondentSupreme CourtSupreme Court of the United StatesWritWrit of prohibition

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