The ruling by an Accra High Court ordering the Electoral Commission to allow Dr Papa Kwesi Nduom, flag bearer of the Progressive People’s Party (PPP), to correct the errors on his nomination forms, does not automatically mean he will be on the ballot paper for the December 7 polls, Mr Abraham Amaliba, a private legal practitioner and member of the National Democratic Congress (NDC), has said.
The court, presided over by Justice Eric Kyei Baffour in quashing the EC’s decision, stated that the election management body breached the law of natural justice in disqualifying Dr Nduom.
Commenting on the ruling on TV3’s New Day programme on Saturday October 29, Mr Amaliba said: “The ruling by Justice Kyei Baffour is a victory for the rule of law and a clear indication of our collective commitment to the democratic journey that we have decided to embark upon. It is not a victory for any particular person. Indeed, I am gratified that Dr Nduom indicated himself that it is a victory for democracy. What has happened in terms of the ruling is that we are being told that the EC should afford Papa Kwesi Nduom the opportunity to correct his mistakes. It is not an automatic qualification to have him on the ballot.”
Touching on whether the other disqualified flag bearers who have also sued the EC could ride on this ruling for victory in court, Mr Amaliba said: “Some of us advised the parties that have similar concerns like that of Papa Kwesi Nduom to think about filing joint suits.
If these were done, by now all of them would have been beneficiaries of this judgment. But here we are, because they were not party to this suit, they can only wait for their turn or day in court.
However, my candid advice to the EC is that they should look at candidates whose concerns are similar to that of Papa Kwesi Nduom and call them and afford them the second chance as the court has afforded the PPP.”
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