The Supreme Court has ordered the Electoral Commission (EC) to stop running adverts of the upcoming district assembly elections but is set to rule on the substantive case on Friday.
According to the court, it was not right for the Commission to continue advertising the election when there is a case currently challenging the legality of the processes before the conduct of the election which has been slated for Tuesday March 3rd 2015.
Benjamin Eyi Mensah, who wanted to contest in the upcoming district assembly elections filed a case seeking to annul the organization of the elections.
According to him, he was denied an opportunity to file his nomination despite meeting all conditions to be registered as a candidate because the EC closed nomination before the maturation of Constitutional Instrument (CI) 85.
Lawyer for the plaintiff, Alex Afenyo Markin told the court the EC had breached the constitution because there was no law which allowed for nominations to be opened and closed for district assembly elections.
Addressing the court, Lead Lawyer for the EC James Quarshie Idan said the CI 85 which the plaintiffs were basing their case was not meant to empower the EC to conduct election but rather to give backing to the demarcation of electoral area on his clients relied on the section 11 of PNDC which deals with the organization of public elections in the country.
He further told the court that his client relied in section 11 of PNDC LAW 284, which according to him gave them the powers to organize and conduct elections in the country.
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