A private legal practitioner lawyer Abraham Amaliba has advised the Electoral Commission (EC) to use the ruling by the Accra High Court in the suit filed against it by the Progressive People’s Party (PPP), and access the cases of other disqualified candidates with similar reasons and give them the opportunity to make an amendment.
According to him it will be a waste of time for the EC to pursue such cases in court in view of the order which was given by the court on Friday October, 28, 2016.
The Accra High Court presided over by Justice Eric Kyei Baffour ordered the EC to give the PPP’s candidate an opportunity to amend his nomination formsThe judge in his ruling said the decision to disqualify the candidate is not a criteria of discretion for the EC.
On the argument by the EC that no court could direct the it to reinstate a disqualified candidate, the judge described that as gravely pedestrian adding that the EC cannot claim immunity from the direction of the court. The judge further described the disqualification as a petulant action and extremely per versed.
He said, the EC ‘snatched from the candidate an opportunity for correction or an amendment and that the EC had no such powers intended to take from the applicant the opportunity to amend the errors.
Lawyer Amaliba said, I will advise the EC to invite other candidates with similar reasons like Dr. Papa Kwesi Nduom to amend their forms based on the ruling adding, they [EC] should not waste their time in court. He quickly added that, those whose disqualification were based on criminality, should be dealt with appropriately.
‘The EC should call the candidates with similar cases like Dr. Nduom and allow them correct their errors. If they are unable to do so, then their disqualification would be validated.’
The candidate was disqualified by the Commission for failing to meet the requirements some few weeks ago. But he [Nduom] filed a suit at the Accra Court challenging his disqualification.
The EC explained that : “the number of subscribers to his forms did not meet the requirements of Regulation 7 (2) (b) of CI 94." One subscriber Richard Aseda (‘Asida’ on the Voters’ Register), with Voter ID no 7812003957) endorsed the forms in two different districts (pages 21 and 39).
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