The Electoral Commission (EC) has prayed the court hearing the case brought against it by Dr Papa Kwesi Nduom, leader of the Progressive People’s Party’s (PPP), to dismiss the application filed by the party.
The PPP is in court for a judicial review of the disqualification of Dr Nduom as the presidential candidate of the party.
In an affidavit in opposition sworn on by its chairperson, Charlotte Osei the EC said, “The applicant’s instant motion is woefully incompetent and does not properly invoke the jurisdiction of the court for the reliefs sought and that being an originating process, our lawyers shall in the course of responding to the application at its hearing, pray the court to dismiss the application.”
According to the EC, the PPP presidential aspirant’s call on the High Court to quash the commission’s decision to disqualify him from contesting in the December 7, 2016 presidential election was incompetent and must therefore, not be granted.
Dr Nduom had gone to court to challenge his disqualification, asking the court to compel the EC to reinstate him and allow him to contest in the election.
The PPP wants the court to place an injunction on the EC, preventing it from proceeding with the balloting for positions on the ballot paper by presidential candidates for the 2016 election until the final determination of the suit.
CJ’s Order
Meanwhile, the Chief Justice (CJ) has directed that the hearing of all electoral cases should take precedence over all other cases pending before the courts.
Chief Justice Georgina Theodora Wood has already designated 17 specialised courts to deal with electoral issues that may arise before the December 7 presidential and parliamentary elections.
A statement issued in Accra yesterday and signed by the Judicial Secretary, Justice Alex B. Poku Acheampong, said the designated judges had also been directed to hear the election-related cases on a day-to-day basis, including weekends – but excluding public holidays – from 9am to 6pm.
“The judges are further to submit weekly status reports on all such cases pending before them. This authorization and directive from the Hon. Lady Chief Justice takes effect from Tuesday, October 18, 2016 until otherwise varied or cancelled.”
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