The Progressive People’s Party’s flagbearer resorted to the court after all attempts to get the EC to rescind a decision to disqualify him from contesting the December polls proved futile.
He would be represented in court by Ayikoi Otoo who is a leading member of the New Patriotic Party and former head of the party’s constitutional and legal committee.
The Chairman of the Electoral Commission Mrs. Charlotte Osei and the Electoral Commission are the first and second respondents respectively.
Dr. Papa Kwesi Nduom is praying the court to review EC’s decision to disqualify him and to also ensure that he appears on the ballot paper for the presidential election.
“…the Applicant herein will move this Honourable Court praying for an order for Judicial Review by way of Certiorari to bring to this Court the decision of the Respondents dated 10th October 2016 which disqualified the Applicant as a Presidential Candidate for the 2016 General Elections, for purposes of having same quashed upon the grounds of;
“(1) Breach of the rules of natural justice (audi alleram portent)
“(2) Error apparent on the face of the Record
“(3)Failing to live within the requirement as imposed by law.
“And for an order of prohibition to restrain the Respondents from proceeding with balloting for position of Presidential Candidates for the 7th December 2016 elections.”
The applicant is also seeking an order directed against Mrs. Charlotte Osei in her capacity as the returning officer for presidential elections to grant Dr. Nduom “the opportunity to amend and alter the one anomaly found in his nomination papers as well as accept his nomination papers as amended or altered to enable him contest as a Presidential Candidate for the 7th December 2016 elections.”
Dr. Nduom was one of 12 aspirants whose nominations were rejected by the EC for various reasons on Monday. One of the people who endorsed his candidature was alleged to have endorsed the forms in two different districts.
Even though he had about 15 minutes interaction with the Chairman of the Commission to explain why he should be allowed to contest the elections, the latter refused to budge.
He therefore decided to use the court as a last resort.
Dr. Nduom has contested as a presidential candidate on two occasions: in 2008 and 2012.
Source: Isaac Essel | 3news.com | Ghana