The Electoral Commission (EC) should realise that although it is an independent body, it has to operate within the confines of the laws governing the country, Kwame Jantuah, a member of the Convention People’s Party (CPP), has said.
According to him, every individual and institution within the jurisdiction of Ghana is subject to the law.
His comment follows an Accra High Court ruling which quashed a decision by the EC to disqualify Dr Papa Kwesi Nduom, flag bearer of the Progressive People’s Party (PPP). The court ordered the election management body to allow Dr Nduom to amend the errors on his nomination forms, which led to his disqualification.
The court presided over by Justice Eric Kyei Baffour added that the EC breached the rule of natural justice in disqualifying Dr Nduom, who was part of twelve other flag bearers disqualified.
Some of the other disqualified flag bearers are also in court challenging the EC’s decision to disqualify them.
Speaking in relation to this matter on TV3’s New Day programme on Saturday October 29, Mr Jantuah said: “The fear that some people are [expressing] is that all these court cases might lead to the point where we might not have the elections on December 7. I beg to differ because these cases in court, I am sure the judiciary is going to handle them as quickly as possible because of the deadline of December 7.
“The EC should also make sure that they also speed up whatever it is they need to speed up for us to meet the December 7 date. But it’s quite disturbing for an institution like the Electoral Commission to take a decision and it being overturned by courts. Probably they felt that they had the standard of a High Court, they are not subject to the decision the judiciary makes. [But] everybody is subject to the judiciary in this country; even the first gentleman of the land, President John Mahama, he is under the laws of this country.
“And, so, I hope that from this point on, we can clear all the court cases out of the way so that we can have an election which the aftermath of the decision as to who won will not now cause a challenge for us in this country.”
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