Prime News Ghana

Supreme Court dismisses EC suit against Nduom; Orders EC to give others chance for corrections

By Jeffrey Owusu-Mensah
EC Chairperson Madam Charlotte Osei
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The Supreme Court has dismissed a suit brought to it by the Electoral Commission (EC) against a ruling by the Accra High Court ordering the Commission to allow flagbearer of the Progressive People's Party (PPP) correct anomalies on his nomination forms which the EC used to disqualify him from contesting in the upcoming general elections.

The Supreme Court further ordered the Commission to give all parties affected by the disqualification decision to allow them correct the anomalies. 

Dr Nduom took the EC to court after it had disqualified him  from contesting the December 7 polls over some anomalies on his forms which it said breached the electoral laws of Ghana.

His suit, among other things, prayed the court to “ grant an order directed against the 1st Respondent [Charlotte Osei] in her capacity as Returning Officer for Presidential elections to grant the Applicant 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.”

The Accra High Court presided over by Justice Eric Kyei Baffour ruled in Dr Nduom's favour saying the failure of the EC to allow the PPP flagbearer amend the errors was against the rules of natural justice.

The EC, last Monday after review of the  court's decision filed a suit at the Supreme Court to invoke its supervisory jurisdiction to quash Justice Kyei Baffour's decision.

According to the EC,  the High Court committed an error of law apparent on the face of the record;  wrongly assumed jurisdiction of the matter; and exceeded its jurisdiction.

But in its ruling on Monday, the seven-member panel chaired by Justice Sophia Adinyira upheld the High Court's decision and further ordered the Commission to extend the nomination period to allow twelve others who had been disqualified from contesting the upcoming elections.