Prime News Ghana

Supreme Court ruling is nothing surprising; EC erred totally - Ayikoi Otoo

By Jeffrey Owusu-Mensah
Mr Ayikoi Otoo
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The Supreme Court's decision to uphold an Accra High Court's decision ordering the Electoral Commission (EC) to allow flagbearer of the Progressive People's Party (PPP), Dr Paa Kwesi Nduom correct some errors on his nomination forms is nothing surprising, his lawyer Ayikoi Otoo has stated.

The EC at a press conference on October 10 had rejected the nomination of Dr Nduom and eleven others saying their forms contained errors which contravened the electoral laws of the country.

Dr Nduom, after efforts to get the EC to rescind its decision, sued praying 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.”

READ ALSO: Nduom reinstated as presidential candidate

The Accra High Court  presided over by Justice Eric Kyei Baffour granted Dr Nduom the relief saying the EC breached the laws of natural justice by not affording him an opportunity to correct mistakes on his nomination forms.

The EC on Monday, after a review of the High Court ruling, filed suit at the Supreme Court to invoke its supervisory jurisdiction to quash Justice Kyei Baffour's decision saying an interpretation from the Supreme Court would bring finality to the subject of disqualification.

According to their suit, 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.

The Supreme Court in a ruling on Monday, however, upheld the High Court's ruling and further ordered the EC to extend the nomination period for the by 24 hours from the ruling to allow the affected aspirants make the necessary corrections.

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

Hailing the Supreme Court's verdict, Mr Otoo who is a former Attorney General said, "the ruling comes with no surprise because this is a clear breach of the rule of natural justice".

According to him, the "EC erred totally" by going to the Supreme Court over because they had no case.

"The law was so clear & unambiguous that give aspirants chance to correct so why go to court?", he questioned while speaking on Asempa FM's Ekosii Sen on Monday.

He lamented how media reportage sought to attach criminality to the Dr Nduom's case saying "I am disappointed in the media for attaching criminality to the Nduom, PPP case".Â