PNC flagbearer sues EC over disqualification
The flagbearer of the People's National Convention (PNC), Bernard Mornah, has taken legal action against the Electoral Commission (EC) following his disqualification from the 2024 presidential election.
In a suit filed at the Accra High Court on Tuesday, September 24, 2024, Mr. Mornah is seeking several reliefs, including an order restraining the EC from proceeding with any activities related to the presidential election until he is recognised as a "duly nominated candidate" and allowed to contest the election.
Mr. Mornah's legal team, led by Prof Raymond Atuguba, Dean of the University of Ghana Law School, is also requesting an order of certiorari to overturn the EC’s decision to disqualify him.
Additionally, they are seeking an order of mandamus compelling the EC Chairperson, Jean Mensa, to declare Mr. Mornah a qualified candidate for the presidential race.
Furthermore, the suit argues that the EC acted in an arbitrary and unfair manner, violating Article 23 of the 1992 Constitution, which mandates fairness in administrative decisions.
Mr. Mornah contends that his disqualification breaches his fundamental human rights as protected by the Constitution.
The application, filed as a judicial review, asserts that the EC’s actions were illegal and procedurally improper. Mr. Mornah claims that he was not given an opportunity to address or rectify the alleged mistakes that led to his disqualification, which he argues violates the principles of natural justice and due process as outlined in the Public Elections Regulations, 2020 (C.I. 127).
In addition to the EC, Jean Mensa, in her capacity as the Returning Officer for the 2024 Presidential Elections, has been named as a respondent in the case.
On September 20, 2024, the EC cleared 13 candidates to contest the 2024 presidential election but disqualified 11 others.
Among those disqualified were Bernard Mornah, Janet Nabla, an independent candidate, and Kofi Asamoah-Siaw of the Progressive People's Party (PPP).
Mr. Mornah’s legal challenge seeks to overturn the EC’s decision and allow him to compete in the upcoming presidential election.
Source: Classfmonline.com/Cecil Mensah
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