Confirming the latest move to Citi News’ Sixtus Dong Ullo, Mr. Ayariga said his party is also seeking interpretation of some sections of the election regulation law CI 94.

[contextly_sidebar id=”RztUIz4aJcnWl08DbTHIIUmchPce2Dy4″]“I am not going to hold this country to ransom; but I want the court to take justice. Madam Osei should prove to Ghanaians that it was a technical knockout because so far as I am aware, APC was not knocked  out based on technical issues but it was knocked out based on personal issues.”

“I think by close of day, we should get all the information relevant to the public. As a matter of fact, we are not happy. Some of you have seen the video of Madam Charlotte Osei’s remark about Hassan Ayariga. The APC is the only political party that has 275 offices across the nation and it is the only party that has been denied the opportunity to contest the elections.”

Background

Hassan Ayariga was disqualified from the race because some of the subscribers to his nomination form also endorsed other candidates for the contest.

Mr. Ayariga was disqualified together with eleven other aspirants, some of who have since been reinstated in the contest, after the Progressive People’s Party’s (PPP), Dr. Papa Kwesi Nduom, secured a court victory that inured to the benefit of some other disqualified aspirants.

Mr. Ayariga, who broke away from the People’s National Convention (PNC) which he had led in the 2012 elections, subsequently sued the EC at the High Court, where he prayed it to order the EC to retain him in the race.

Although he won that case, the EC took the matter to the Supreme Court, after losing a similar suit against the Progressive People’s Party’s (PPP), Dr. Papa Kwesi Nduom.

The Supreme Court in its judgment on Monday November 7, 2016, extended the deadline for submission of nomination forms allowing the 12 disqualified presidential nominees to amend their forms.

However, Mr. Ayariga again failed to meet the requirement, and was thus denied by the EC.

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By: Marian Ansah/citifmonline.com/Ghana
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The Flagbearer of the APC, Hassan Ayariga, was disqualified along with 12 other presidential aspirants after the EC identified some errors on their nomination forms.

[contextly_sidebar id=”GmufEdKWr5Tztyo5u0q4civRJsSKRjz2″]The EC was however ordered by an Accra High Court on Friday, to allow the Progressive People’s Party (PPP), to correct mistakes on its nomination forms, following a suit filed by the party over its disqualification.

Speaking to the media after court proceedings today [Monday], the Flagbearer of the APC, Hassan Ayariga, argued that the APC has a ‘better case than the PPP’ hence their firm belief that the party will be vindicated.

“We even have a better case than the PPP. In our case, we have properly filled the documents and all subscribers have actually subscribed to our documents, but according to the EC, two of our subscribers actually subscribed for another candidate. In Ghana, we do not have data system whereby one can check who has subscribed for you or subscribed for another candidate.We actually have to go through the other candidate asking or requesting for their documents to compare and contrast, so our case is much much better than the PPP . I think that the court will give us justice. “

He further indicated that, the APC is just seeking “an opportunity to be part of the elections and have a presidential candidate.”

Court adjourns APC’s case against EC

Meanwhile, the court has adjourned hearing of the suit filed by Hassan Ayariga challenging his disqualification.

The adjournment followed the failure of lawyers for both sides, to submit their statements of case and written submissions, as ordered by the Judge, Justice Barbara Tetteh Charway, during the last sitting.

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By: Marian Ansah/citifmonline.com/Ghana
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According to the ruling delivered by Justice George K. Koomson, the decision was due to a wrong procedure used by Nana Konadu hence making the case “incompetent.”

In his ruling the judge indicated that the applicants were wrong to include an application for judicial review and the enforcement of fundamental human rights in one writ.

NDP to re-file case

Meanwhile, the lawyers for the NDP have indicated that they will re-file the suit by midday today [Thursday].

Konadu fights EC in court

[contextly_sidebar id=”DaPU2SKPivVt9g2fX8NgMeL0kS4OQel4″]Nana Konadu together with her party and her running mate sued the Electoral Commission last week and added the Attorney General to the case over her disqualification from the presidential race.

They were seeking an “interlocutory injunction, prohibiting and restraining” the Electoral Commission and its agents from going ahead with the balloting of presidential candidate until the court settles the matter.

She also prayed the court to stop the EC from doing the following:

1. posting any notices at any constituency centres, specifying the names of candidates purportedly nominated and the persons who have proposed and supported each of the purportedly nominated candidates for the 2016 presidential election, without including name of the 2nd application;
2. Allocating symbols and colours to the purportedly nominated candidates for the 2016 presidential election, without allocating symbols and colours to the 2nd applicant; and
3. Publishing any notices of poll in the Gazette and in places in constituencies around the country with respect to the 2016 presidential election, without including the name of the 2nd applicant.

The NDP flagbearer in another suit,  prayed the court to declare as illegal the deadline the EC set for receiving nominations and “a further declaration that the EC erred in law when it decided not to accept the applicants nomination thereby wrongfully and illegal disqualifying the applicants from contesting in the 2016 presidential elections.”

They are also seeking an order quashing the EC’s decision not to accept Konadu’s nominations and an order compelling the EC to accept her nomination and to include her name on the ballot for the 2016 presidential election.

Nana Konadu was disqualified with 12 other presidential nominees because they failed to meet some requirements of the electoral laws ahead of the December polls.

PPP to go to Supreme Court if…

The Progressive People’s Party (PPP) which is also fighting the disqualification of its flagbearer, Dr. Papa Kwesi Nduom in court, has earlier stated that it will go to the Supreme Court if the High Court hearing its case fails to rule in its favour.

In response to a question on what the party would do if the judgment does not go its way, Lawyer for the PPP, Ayikoi Otoo simply told Citi News’ Fred Djabanor that “we will go to the Supreme Court.”

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By: Fred Djabanor/citifmonline.com/Ghana

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Speaking to journalists in Accra, Ayikoi Otoo who is lawyer for Dr. Ndoum posited that the EC breached its own rules when it disqualified the PPP presidential candidate.

“The EC issue of breached its own rules which had imposed a duty on them to give candidates an opportunity to make amendments and alterations. The issue of breach of the rules of natural justice is so fundamental that everyone should be given a hearing before being condemned. Even under common law, you can always go to court and say that ‘I have been dismissed from work and they never gave me an opportunity to be heard.’”

The Presidential aspirant of the PPP, Dr. Papa Kwesi Nduom, was disqualified by the EC together with twelve other aspirants a few weeks ago, after the EC found that their nomination forms were not appropriately filled according to existing electoral laws.

The Chairperson of the EC, Charlotte Osei said Nduom was disqualified because the number of subscribers to his forms did not meet the requirements of Regulation 7 (2) (b) of CI 94.

The Commission said, one of his subscribers endorsed the form with different signatures in both portions of the nomination form, raising questions as to the legitimacy of one or both signatures.

But the lawyer however argues that the “law itself imposes a duty on the EC to grant candidates who might have difficulties with the nomination forms to correct them so if you fail to do that then it means… , you have not worked in accordance with the law that set you up.”

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By: Marian Ansah/citifmonline.com/Ghana
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The EC disqualified twelve presidential nominees from the race for variety of reason including failing to appropriately fill their forms.

The action provoked some political parties who have gone to court to fight their case.

[contextly_sidebar id=”Fdt15wlPXmW7x5fiWME9VIY00KpEM1AF”]In an interview with Citi News, President of the Business Law Society of Ghana, Osei Bonsu Dickson said resorting to ADR will avert the situation.

“We can prevent electoral and constitutional crisis with dialogue; which is why we recommend multilateral dialogue and ADR to be embraced and utilized alongside the court adjudicatory arrangements. The stakeholders in our elections – the EC, the political parties, the electorate, and donor organisations have diverse interest in the process. These multiple interests, can however, be accommodated through effective dialogue. With approximately 49 days to go to the polls, we respectfully urge the EC, the political parties and Ghanaians to explore dialogue and ADR.”

He also criticized the posturing of the EC saying it does not encourage Alternative Dispute Resolution.

“The Ghanaian electorate also deserves more open information about every aspect of the elections, especially the various civil mechanisms of resolving dispute. When applying its discretionary, power, however, we urge that the EC – as a public body which belongs to all Ghanaians to be guided by Articles 296, and 23 of the 1992 Constituency and ensure fairness and greater openness. The EC must be able to review its own decisions, where the situation so requires. To the political parties, we say commit fully to cooperation and dialogue with the EC,” he added.

PPP, NDP, GCPP sues EC

Some of the flagbearer’s disqualified include the Papa Kwesi Nduom of the Progressive People’s Party (PPP), National Democratic Party (NDP), Great Consolidated Popular Party among others have sued the commission praying the court to reinstate them.

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By: Godwin A. Allotey/citifmonline.com/Ghana
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The PNC argues that the disqualification of its Flagbearer is unconstitutional.

The EC disqualified Dr. Edward Mahama and 12 other presidential aspirants from contesting in the December elections after failing to meet the necessary requirements.

In Dr. Mahama’s case, the EC explained that two subscribers to his nominations, also subscribed for another presidential candidate, which is against the rules.

But a letter from lawyers of Dr. Edward Mahama to the Chairperson of the EC,  Charlotte Osei said his disqualification was unreasonable.

The party therefore asked the EC to revoke their Flagbearer’s disqualification or face them in court.

“We request that you revoke your letter of 10th October, 2016, forthwith, and in any event not later than 48 hours after receipt of this letter, and to hold the nomination forms of Dr. Edward Nasigri Mahama duly submitted to you on the 30th of September, 2016, as sufficient for the purposes of the 2016 presidential elections.

“Additionally, and in the event that the EC insists that the minor errors in the nomination forms of our Client are enough to bar the candidature of our client, we would require access to the nomination forms of all the other candidates in order to point out similar minor errors that should have equally disqualified them if the EC was acting within the remit of Articles 17, 23, 33, 55, and 296 of the 1992 Constitution. If after 48 hours of receipt of this letter you fail to commit, unequivocally, to meeting the above demands, we shall proceed and resort to other lawful processes or avenues to vindicate our client’s rights without further recourse to you,” the letter said.

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By: Marian Ansah/citifmonline.com/Ghana
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This comes on the back of the suit filed by the Progressive People’s Party (PPP) and the Great Consolidated Popular Party (GCPP) at the court in protest of their disqualification.

Nana Konadu who is fighting the case with the party and her running mate added the Attorney General to the case are seeking an “interlocutory injunction, prohibiting and restraining” the Electoral Commission and its agents from going ahead with the balloting of presidential candidate until the court settles the matter.

She also wants the court to stop the EC from doing the following:

1. posting any notices at any constituency centres, specifying the names of candidates purportedly nominated and the persons who have proposed and supported each of the purportedly nominated candidates for the 2016 presidential election, without including name of the 2nd application;
2. Allocating symbols and colours to the purportedly nominated candidates for the 2016 presidential election, without allocating symbols and colours to the 2nd applicant; and
3. Publishing any notices of poll in the Gazette and in places in constituencies around the country with respect to the 2016 presidential election, without including the name of the 2nd applicant.

The Court is however expected to hear the case on Monday, October 24, 2016.

In another suit, Nana Konadu and her NDP are praying the court to declare as illegal the deadline the EC set for receiving nominations and “a further declaration that the EC erred in law when it decided not to accept the applicants nomination thereby wrongfully and illegal disqualifying the applicants from contesting in the 2016 presidential elections.”

They are also seeking an order quashing the EC’s decision not to accept Konadu’s nominations and an order compelling the EC to accept her nomination and to include her name on the ballot for the 2016 presidential election.

Nana Konadu was disqualified with 12 other presidential nominees because they failed to meet some requirements of the electoral laws ahead of the December polls.

[contextly_sidebar id=”MeeQipa6wivGIfBCSAdBN7Su2MyfuDIJ”]In explaining the NDP’s disqualification, the EC explained that, “The Commission is unable to accept Mrs. Rawlings’ nomination because the number of subscribers to her forms did not meet the requirements of Regulation 7 (2) (b) of CI 94. One subscriber on page 89 of her nomination forms is not a validly registered voter, and illegally registered twice and so is on the Exclusion list of multiple voters. Details are Salifu Abdulai District: Nanumba South, Voter ID no: 6617004814 (28.3.2012), Voter ID no: 2126900022 (04.8.2014).”

But the party had threatened to “strip the commission naked” if it does not accept their flagbearer back into the race.

The Deputy Communications Director of the NDP, Ernest Owusu Bempah had earlier told Citi News, that Nana Konadu’s disqualification is a deliberate attempt by the EC to prevent the NDP from contesting in the elections.

“This is a deliberate attempt by Charlotte Osei and the EC to disqualify us… they should clap for themselves for tarnishing the image of our multiparty democracy in the country, and deliberately running into the pockets of the government of the day and trying to please their pay masters,” Mr Bempah told Richard Sky on Eyewitness News.

Owusu Bempah challenged the Electoral Commission’s reasons for his party’s disqualification stating that, the EC must provide additional information on the basis for their disqualification.

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By: Godwin A. Allotey/citifmonline.com/Ghana
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The PPP’s Ayawaso West Wuogon parliamentary candidate, William Dorworkpor alleged on The Big Issue that Mr. Dzakpasu said he “would show them where power lies” because the party sued the EC in protest of the filing fees they complained was too high.

[contextly_sidebar id=”PjDFKYtFDmW8VYE2E86vOjzLHQjNzr2g”]But Mr. Dzakpasu in responding  to the allegation on Citi FM’s News analysis programme, The Big Issue on Saturday said he couldn’t have made such comment.

“I don’t know Mr. Doworkpor, I don’t know at which gathering I made such claim. I personally subscribe to the idea that there are laid down legal means of resolving electoral dispute and I think anyone who goes to court over any issue of electoral dispute has a legitimate right to do so. I’m nowhere near those who even make decisions on receipt of nominations in terms of who goes through or who does not go through. I couldn’t have said it and I didn’t say anything of that nature,” he stated.

The Policy Director for the PPP, Kofi Asamoah Siaw had also accused the EC of disqualifying its candidate because of the court case; an allegation the EC’s head of communication rejected.

“EC is made up of seven commissioners and the 7 commissioners at any point in time couldn’t have sat down to say that they are taking the PPP on,” he argued.

Nduom, 12 other presidential aspirants disqualified

The PPP’s presidential nominee was among 12 other party presidential nominees who were disqualified from the race due to errors on their nomination forms.

They have accused the EC of being bais against them.

Meanwhile, the party has vowed to fight the disqualification with all of its might in court after efforts to have the issue resolved amicably proved futile.

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By: Godwin A. Allotey/citifmonline.com/Ghana
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The PPP sued the EC insisting that the GHc50,000 and GHc10,000 filing fee for presidential and parliamentary nominees respectively, was too high and must be reduced.

They had also argued that the EC’s processes used in fixing the amount was arbitrary, and were challenging same in court.

But an Accra High court, which was hearing the case dismissed an injunction suit they had sought to prevent the EC from collecting the fee. Meanwhile the substantive case is still pending.

[contextly_sidebar id=”omD9nF4I3hbAwvSLhBTWfzohfOS2sP3B”]Days after the case, the EC subsequently disqualified 13 presidential nominees including the PPP’s flagbearer from the race.

The EC has explained that the disqualified aspirants’ forms were fraught with anomalies; a move that has forced the PPP to return to court, this time to prevent the Electoral Commission from balloting the four approved presidential candidates for the election.

Speaking on Eyewitness News, Policy Director for the PPP, Kofi Asamoah Siaw, claimed the EC was biased against them.

“The point is that, because the PPP went to court, the Electoral Commission is aggrieved; the EC is being vindictive to the PPP and wants to trample on our rights and disqualify our flagbearer and we say that it is completely unacceptable and not backed by law.”

He further charged Ghanaians to stand up and speak against what he described as “injustice” against them.

“Today, we stand with the strong conviction that, the EC is moving with the clear mind to discriminate against the PPP and that is an offence under the laws of the country; and we should not let the EC deceive everybody, and all Ghanaians must stand up against it. Today it is the PPP, tomorrow I don’t know who it would be,” Mr. Siaw added.

EC was biased; Nana Addo is ‘guilty’ of perjury

The PPP had also accused the EC of bias for allowing the presidential candidate of the opposition New Patriotic Party (NPP), Nana Akuffo-Addo, they alleged committed the offense of perjury, hence should also not be on the ballot for the December 7 general elections.

According to the PPP, Nana Addo perpetuated criminality when he failed to declare his assets, as required by the electoral regulations, but signed an oath to affirm that he had met all the requirements when he filed his nomination.

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By: Godwin A. Allotey/citifmonline.com/Ghana
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[contextly_sidebar id=”4bLnK6fZexbGhCJzrQ3rdFFU71uDNEmG”]An 11-page response to lawyers of the NDP, signed by one of the lawyers of the EC, Thaddeus Sory , in response to a letter by Konadu’s lawyers demanding Nana Konadu’s reinstatement, indicated that the EC cannot be faulted for her disqualification since she presented her nomination forms a day to the expiry of the nomination period.

“With regard to the non-complaint errors in respect of which our client expressed its inability to accept your client’s nomination papers however, we have been instructed by our client that it was impossible to comply with strict time period specified by rules within which your clients are by law permitted to amend or alter their nomination papers to comply with the requirements of the law regulating same, especially that your clients presented their nomination papers a day to the expiry of the nomination period, although your clients and all candidates were urged to submit their nomination papers as early as possible

“In their regard, we must point out that our client does not take over responsibility for correctly filling out nomination papers of candidates only because the law requires the returning officers to draw their attention to statutorily non complaint errors.”

Click here to read full response

Why Nana Konadu was disqualified

On Monday, the Electoral Commission disqualified Nana Konadu and 12 other presidential aspirants from contesting the 2016 elections for failing to meet the necessary requirements.

In explaining the NDP Flagbearer’s disqualification, the EC said it was unable to accept Nana Konadu’s nomination because the number of subscribers to her forms did not meet the requirements of Regulation 7 (2) (b) of CI 94.

One subscriber on page 89 of her nomination forms was not a validly registered voter, and illegally registered twice hence was on the Exclusion list of multiple voters.

Nana Konadu and her running mate, Kojo Mensah Sosuh, subsequently petitioned the Commission through their lawyers to reinstate them, after the disqualification.

They threatened to sue the Commission if it failed to do so.

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By: Marian Ansah/citifmonline.com/Ghana
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