The Electoral Commission (EC) has headed to the Supreme Court seeking to quash an Accra High Court's ruling ordering the Commission to allow flagbearer of the Progressive People's Party (PPP) correct anomalies on his nomination form which were used to disqualify him from contesting the upcoming presidential elections.
 The EC on October 10 disqualified Dr Nduom and eleven others from contesting in the December 7 polls citing various anomalies on their nomination forms which they said breached CI 94, the constitutional instrument governing the conduct of the elections.
Dr Nduom, after efforts to get the EC rescind its decision failed, filed a suit at the Accra High Court praying the court to “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.â€
The court, presided over by Justice Eric Kyei Baffuor on Friday ruled in Dr Nduom's favour saying the EC breached the laws of natural justice by not affording Dr Nduom an opportunity to correct mistakes on his nomination forms.
But while counsel for the EC, Thaddeus Sory did not give any indication of a possible appeal of the ruling, the Commission on Monday indicated that after a careful review of the court's judgement, "we respectfully disagree with the High Court judge’s decision on several essential legal and public policy grounds".
In a statement signed by Eric Kofi Dzakpasu, Head of Communication at the EC, the Commission stated that "in the interest of public policy and the credibility of the electoral process, the Commission has today [Monday, October 31, 2016] filed an application at the Supreme Court to quash the High Court decision and seek clarity on the relevant aspects of the law on candidate nominations".
 “A judgment from the Apex Court would effectively bring finality to the issue once and for allâ€, the statement added.
Below is the full statement:
REVIEW OF HIGH COURT DECISION
The Electoral Commission has completed a review of the judgment of the High Court, Accra dated 28th October, 2016 in the case of the Republic v Mrs. Charlotte Osei & Electoral Commission; Ex parte Dr. Papa Kwesi Nduom, numbered GT1401/2016. Having carefully studied the contents of the judgment, we respectfully disagree with the High Court judge’s decision on several essential legal and public policy grounds.
The Commission is of the firm conviction backed by the law, that candidates seeking the highest office of the land, must take full responsibility for ensuring that their nomination forms meet the standard in form and substance, required by the law.
The Commission is further of the view that falsified signatures on nomination forms constitute a matter for criminal investigation and are not mere anomalies or clerical errors, which should be pointed out to candidates for corrections to be effected.
The Commission believes that, as in other jurisdictions, presidential candidates must ensure the accuracy of the information on documents which they present under oath to public institutions. Failure to place this burden on the shoulders of the candidates, has serious implications for our democratic growth and electoral justice.
In the interest of public policy and the credibility of the electoral process, the Commission has today filed an application at the Supreme Court to quash the High Court decision and seek clarity on the relevant aspects of the law on candidate nominations.
We believe it is in the overall national interest and on the grounds of public policy that the Supreme Court provides clarity on this matter. A judgment from the Apex Court would effectively bring finality to the issue once and for all.
In the interest of national peace and cohesion, we respectfully implore the Highest Court of the land to determine our application expeditiously in accordance with the earlier directive of Her Ladyship the Chief Justice and for the sake of the electoral calendar.
Thank you.
Â
Signed:
Eric Kofi Dzakpasu
Head of Communications