Konadu files case against EC; demands reinstatement

Lawyers for disqualified presidential hopeful, Nana Kondau Agyemang-Rawlings have filed a case challenging her disqualification. They s...

Lawyers for disqualified presidential hopeful, Nana Kondau Agyemang-Rawlings have filed a case challenging her disqualification.

They say the Electoral Commission’s decision to disqualify Mrs Rawlings from contesting this year’s elections was “unfair, unreasonable, arbitrary, capricious and prejudiced against the Applicants.”

The lawyers are therefore demanding a total of 15 reliefs from the High Court.

Nana Konadu and 11 other Presidential candidates of various political parties were disqualified by the EC for various infractions on their nomination papers.

The EC founded her disqualification on a case of multiple registration made against one of her subscribers.

It said Salifu Abdulai was not a validly registered voter because he had been barred from voting because he engaged in double registration.

Nana Konadu caused her lawyers to write to the EC demanding a reversal of the decision.

The EC’s lawyers wrote back, saying the decision was sealed.

In fulfillment of their promise to go to court if the former first lady and leader of the National Democratic Party was not reinstated, the lawyers filed their case Monday.

They are arguing that the EC was wrong “when it determined that one Salifu Abdulai, a subscriber to the Applicants’ Nomination Paper, is disqualified from voting and therefore is not a validly registered voter, thereby nullifying his nomination of the Applicants, when the said Salifu Abdulai had neither been convicted by any court of law for any electoral or registration offence nor served any term of imprisonment in accordance with [law].”

They want an order quashing the EC's decision to reject Mrs Rawlings’ nomination.

The lawyers also want an “Order prohibiting and restraining the 1st Respondent, its chairperson, commissioners, agents and servants whatsoever, from acting or taking any steps pursuant to the decision dated 10th October 2016; and An Order compelling the 1st Respondent to accept the Applicants’ nomination and Nomination Forms, and to include the names of the 2nd Applicant on the ballot for the 2016 Presidential Elections.”

According to them, these orders should be given because the Commission violated its regulations requiring it to have given Mrs Rawlings the opportunity to correct whatever errors were detected on her nomination papers.

The elections governing body, they assert was “under a legal obligation to, before the close of nominations, and in all instances either where they determine that the particulars of a person subscribing to a Nomination Paper are not as required by law, or where a Nomination Paper is not subscribed to as required by law, inform the affected persons of that matter and afford the affected persons an opportunity to make any necessary amendments or alterations.”

In the lawyers’ view, the EC “failed, refused or neglected to comply with the legal obligations under Regulation 9 of CI 94 in relation to the Applicants and their Nomination Paper that was presented to it.”

Story by Ghana I Myjoyonline.com



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-Akbekent.com® : Konadu files case against EC; demands reinstatement
Konadu files case against EC; demands reinstatement
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