PPP's submission solid; I don't expect ruling to drift away – Ayikoi Otoo
The counsel for disqualified Presidential Candidate of the Progressive People’s Party (PPP), Dr Papa Kwesi Nduom says he expects the Accra High court to uphold the reliefs of his client in the coming days.
Ayikoi Otoo says the submission given on behalf of his client during the Tuesday court hearing in which the PPP is challenging the disqualification of Dr Nduom by the Electoral Commission (EC) was spot on.
He said he received several congratulatory messages from other lawyers and individuals who “understood us” and believe the party’s fight is genuine.
“I am a lawyer and not a judge I have made my submission and most people have understood us and you saw the many congratulatory messages. That is sufficient to tell you that everybody has understood our point and I do not expect the judge to go any other way,” he said.
Mr Otoo who is a former Attorney-General under the erstwhile President John Kufuor government made these remarks during an interview with Joy News after the hearing.
PPP is in court challenging what it has described as an “unfair” manner the EC Chairperson; Charlotte Osei disqualified the celebrated entrepreneur from the December 7 presidential polls on October 10.
The EC boss had explained to the media that Dr Nduom like the other 12 presidential candidates whose nomination forms were rejected failed to garner the requisite number of subscribers expected to endorse their nomination forms.
This contradicts the directives contained in the Constitutional Instrument (C.I.94) which enjoins presidential candidates to raise 432 subscribers, Mrs Osei had said.
According to her, "One subscriber Richard Aseda ('Asida' on the Voters' Register), with Voter ID no 7812003957) endorsed the forms in two different districts (pages 21 and 39)."
"The subscriber was found to be on the Voter's Register in one district thereby disqualifying his second subscription and reducing the total number of subscribers to below the minimum required by the Law," she added.
"The same subscriber (Richard Aseda ('Asida') endorsed the form with different signatures in both portions of the nomination form. This raises questions as to the legitimacy of one or both signatures."
The Commission was later to grant a 5-minute hearing to the PPP leader who used the opportunity to explain what transpired during the filing of his nomination form.
Advancing a case for the PPP leader, Mr Otoo said the Commission contradicted the C.I.94 the regulation governing the 2016 election when she disqualified the presidential candidates without granting them the opportunity to remedy errors found on their forms.
Citing portions of the law, he said, “The law says the Returning Officer shall inform the nominee to make amendments.”
He emphasized the word “shall” which he argued places responsibility on the Commission to exhaust that option before disqualifying persons who fail to address challenges on their forms.
Counsel for the EC, Thadeus Sore countered Mr Otoo’s argument saying the Commission did not flout the C.I.94 because it granted hearing to the PPP leader.
But the PPP lawyer quipped, asking “Is that what the law provided?” The EC lawyer stood to interject Mr Otoo during his submission only to be asked to resume his seat.
“The law provides that when I present the form [you have to] look through [and] if you find anything wrong with it give me the opportunity to correct them [so that] you [can go ahead] to do the endorsement,” he said.
Mr Otoo described the EC’s explanation that the PPP leader should have presented his nomination form earlier to allow for such remedy steps lame. “She cannot benefit from her wrongdoing,” he said.
He believes the judge's ruling in the matter would be in favour of Dr Nduom whose rights he said were infringed upon.
"Did you realise that all the other questions were going to him [Tadeus]?" he said, adding the judge did not quiz him as much as he did to the EC lawyer.
Story by Ghana | Myjoyonline.com | Austin Brakopowers | Email: Austin.powers@myjoyonline.com