The Accra High Court has adjourned the case in which the Presidential Candidate of the National Democratic Party Nana Konadu is challenging her disqualification by the Electoral Commission (EC).
Presiding Judge Justice Eric Kyei Baffour adjourned the case because the EC had no representation in court.
The judge directed counsel for both parties to file their affidavits on Thursday, November 3, which will be followed by oral presentations on Friday.
Nana Konadu Agyeman Rawlings, her running mate and the party sued the EC after she was disqualified from the presidential race last month.
They are seeking an “interlocutory injunction, prohibiting and restraining” the Electoral Commission and its agents from going ahead with the balloting for positions on the ballot paper until the court settles the matter.
But the court struck out the case last week on procedural grounds.
According to the ruling delivered by Justice George K. Koomson, the decision was due to a wrong procedure used by Nana Konadu’s lawyers.
The presidential candidate and her lawyers then re-filed the case. In the new writ, they are seeking a declaration that the decision of the EC to close the nomination of presidential candidates on September 30, 2016 was wrong.
He argued that it should have been October 10, 2016 because that was the day deposits of nomination/filing fees were received.
The lawyers insist the rejection of Nana Konadu’s nomination papers on basis of an error and the EC’s failure to afford her the opportunity to correct whatever wrong on the papers was a breach of her rights under Article 23 of the 1992 Constitution.
She also wants a declaration from the court that pursuant to regulation 9 of CI 94, the EC should have informed and afforded her the opportunity to make the necessary amendments or alterations when it determined that “the particulars of a person subscribing to her nomination forms were not required by law’’.
The presidential aspirant, therefore, wants an order from the court to “compel the EC to accept her nomination forms and to include her name on the ballot for the 2016 presidential elections.’’
The case will now be heard on Friday, November 4, 2016.
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