The Electoral Commission (EC) has filed a motion praying a High Court Judge, Mr Justice Eric Kyei-Baffour, to recuse himself from hearing and determining the case involving the commission and the National Democratic Party (NDP).
The premise upon which the EC has filed the motion is that Justice Baffour had on October 28, 2016, in the case between the presidential aspirant of the Progressive People’s Party (PPP), Dr Papa Kwesi Nduom, and the EC, made copious pronouncements on whether or not there was a nomination period for the EC to disqualify candidates.
According to the EC, in respect of the matters which Justice Baffour was being called upon to determine in the NDP versus EC suit, a critical issue was whether or not there was a nomination period stipulated by the EC.
Reason for motion
“From his ruling in the case of The Republic v Electoral Commission and Anor, Ex Parte Dr papa Kwasi Nduom, he was very emphatic that there was no nomination period which manifested heavily in his ruling, thus it would be very difficult for him to change his position, especially, that he was of the view that his ruling would settle the controversy surrounding regulations 7 and 9 of C.I. 94,” the EC stated.
The motion, filed on behalf of the EC by its legal team, is holding that the EC did not believe Justice Baffour could deliver justice with a clear and open mind, especially with regard to an incident which occurred on October 31, 2016.
According to the lawyers for the EC, although a lawyer from the Attorney-General’s office drew Justice Baffour’s attention to the fact that counsel for the EC, Mr Thaddeus Sory, was within the premises, he still proceeded to hear the case, and gave orders in the absence of the respondents when he could have stood the case down for Mr Sory to appear.
“That we also take the view that, in his ruling, he was very passionate, forceful and personal in his description of both first respondent and its counsel who happen to be the same parties in the instant suit for which reason we take the view that his Lordship would not be impartial and transparent as the case so demands,” the EC said.
The first respondent is the Chairperson of the EC, Mrs Charlotte Osei.
According to the applicant, justice would be manifestly seen to be done if Justice Baffour recused himself having regard to the stated grounds.
Background
The High Court in Accra on October 28, 2016 quashed the EC’s decision which disqualified Dr Nduom from contesting the December 7, 2016 presidential election.
It, therefore, directed the EC to give Dr Nduom the opportunity to correct the anomalies on his nomination forms.
According to the court, the EC’s disqualification of Dr Nduom without giving him the chance to correct anomalies on his nomination was a breach of the rules of natural justice.
Dr Nduom filed an application for judicial review four days after his disqualification with certiorari to bring to the court the decision of the respondents dated October 10, 2016 which disqualified the applicant as a presidential candidate for the 2016 general election for the purpose of having same quashed.
In the case of the NDP versus EC, the NDP, its presidential candidate, Mrs Nana Konadu Agyeman-Rawlings, and her running mate, Mr Michael Kojo Mensah Sosu, are praying the court to direct the EC and its chairperson to allow Nana Konadu to contest the December 7, 2016 presidential election.
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