EC dismissed over judge removal in Nana Konadu’s suit. Mahama to know fate on November 10
An attempt by the Electoral Commission (EC) to compel the judge who is presiding over a legal case between it and National Democratic Party (NDP) to recuse himself has failed.
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The legal team of the EC filed a motion seeking to bar Mr Justice Eric Kyei-Baffour from presiding over a suit by the NDP over the disqualification of its flag bearer, Nana Konadu Agyeman Rawlings, in the upcoming presidential election.
But the Accra High Court, presided over by Mr Justice Kyei-Baffour, yesterday dismissed the motion, describing it as “frivolous,’’ and fixed November 7, 2016 for the two parties to make their oral arguments.
The move by the EC was as result of the judge ruling in favour of Dr Papa Kwesi Nduom, the flag bearer of the Progressive People’s Party (PPP), over his legal action challenging the decision of the EC to disqualify him form the December polls.
Meanwhile, the Accra High Court, presided over by Mrs Justice Novisi Afua Aryen, has fixed November 10, 2016 to give its ruling in a similar suit filed by the presidential aspirant of the People’s National Convention (PNC), Dr Edward Mahama, challenging his disqualification from the 2016 general election
Arguments
Counsel for the EC, Mr Thaddeus Sory, had argued that Mr Justice Kyei-Baffour, as a result of his ruling in the PPP case, had already taken a position on the NDP case.
According to him, he doubted if the judge would depart from the ruling that he gave in the PPP case which is akin to the NDP case.
“In the interest of fair play, My Lord must recuse himself,’’ he argued.
At that point the judge asked counsel to reveal any judicial impropriety upon which he wanted him to be recused.
Mr Sory replied that the judge already had prior knowledge of the facts and thus he was likely to be bias.
He also claimed that the NDP would rely on the PPP case in supporting its case and, therefore, it would be unfair for the judge, who presided over the case, to preside over the NDP case.
In a rebuttal, counsel for Nana Konadu, Mr Ace Ankomah, argued that the EC had failed to substantiate the allegation of bias.
Ruling
In his ruling to dismiss the motion, Mr Justice Kyei-Baffour held that the fact that he presided over the PPP case did not mean that he would be bias in the NDP case.
“The fact that a judge has ruled in a matter does not mean he cannot hear another matter. I find the motion to be frivolous and unmeritorious,’’ he said.
NDP’s case
The NDP and the former First Lady sued the EC for the second time after her first suit challenging her disqualification from the December polls was dismissed by the Accra High Court on procedural grounds.
She also wants a declaration from the court that pursuant to Regulation 9 of CI 94, the EC should have informed and afforded her the opportunity to “make the necessary amendments or alterations “ when it determined that “the particulars of persons subscribing to her nomination forms were not required by law’’.
She, therefore, wants an order from the court to “compel the EC to accept her nomination forms and to include her name on the ballot for the 2016 presidential election.’’
PNC
In the case of the PNC, the court fixed the date yesterday after the legal team of the PNC and the EC had made their oral submissions in support of their respective case.
Dr Mahama was the fifth presidential aspirant among the 12 disqualified to drag the EC to court.
In his suit, he claims that the EC’s “wrongful rejection “ of his nomination forms and its subsequent disqualification has severely restricted his constitutional right to "participate in political activities" as enshrined in Article 21 (3) of the 1992 Constitution.
He is seeking an order from the court to compel the EC to allow him to rectify the errors on his nominations in order for him to contest the 2016 presidential election.
