EC explains why PNC’s Dr Mahama was disqualified
The People’s National Convention’s flagbearer, Dr Edward Nasigri Mahama was disqualified from contesting Election 2016 because many subscribers of his candidature did not properly sign the nomination forms.
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According to the Electoral Commission (EC), “Thumbprints, signatures or marks were omitted all together. For instance, no signatures on Page 16, 24, 28,” the chair of the EC, Mrs Charlotte Osei explained at a press conference in Accra on Monday.
“Two subscribers to Dr Mahama’s nomination also subscribed for another candidate, Hassan Ayariga of the APC. These are Abaako Issifu and Abudu Ayuba,” the EC chair said.
The EC explained that the signatures on Dr Mahama’s forms were different from those on Aryariga’s forms and raised questions on the legitimacy of the signatures.
According to the EC the matter would therefore be referred to the Ghana Police Service and the Attorney General for investigations and prosecution on grounds of forgery.
Another reason for rejecting Dr Mahama’s nomination was that for a large majority of subscribers, the signatory portion of the forms was ticked rather than subscribed with a signature, a mark or a thumbprint.
“It is important to point out that in law a simple tick does not satisfy the requirements of the law where a mark is made in lieu of a signature or a thumbprint,” she said.
A mark in law is “an X made by a person who is illiterate or too weak to sign his/her full name.”
According to the Free Law Dictionary, “On the rare occasion that this occurs, the “X” should be within or next to `a notation” indicating the person’s name or formally witnessed by another person to make the mark valid.
"Accordingly, the Commission is unable to accept mere ticks, which have not been properly, witnessed as legitimate marks made by voters subscribing to Dr. Mahama’s forms. In conclusion, Dr. Mahama does not have the requisite number of subscribers required under Regulation 7(2) (b) of CI 94 and his nomination cannot therefore be accepted," the EC said.
Mrs Osei said the commission will refer the matter to the Ghana Police Service and the Attorney for investigations and prosecution under the Criminal Offences Act, 1960 (Act 29): on grounds of Section 211: Perjury, Section 248: making false declaration etc. for office or voting; Section 251: Deceiving a public officer and Section 256: Corruption, Intimidation and impersonation in respect of election.
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