Court dismisses Dan Lartey's suit against EC
Gilbert Boyefio
03/12/2008
An Accra Fast Track High Court, presided over by Justice Ofori-Atta, yesterday dismissed a suit filed by Dan Lartey, leader of the Great Consolidated Popular Party, seeking an order to compel the Electoral Commission to accept his nomination forms and allow him to contest the December 7 general elections.
The court described Mr Lartey's application as lacking merit, pointing out, "I find no merit in his application and therefore dismissed it.”A cost of GH¢1,500.00 was awarded against him.
According to the judge, he was satisfied with the reasons given by the EC in rejecting Mr Lartey"s application.
James Quashie Idun, Counsel for the Electoral Commission, in the EC’s affidavit stated that there were several flaws with Mr Lartey’s nomination form.
It indicated that Dan his form contained many uncompleted portions in respect to the required two registered voters resident in the area of authority of each of Ghana’s District
Assemblies (of which there are 148) particularly in districts far away from Accra. His nomination form did not also have attached to it a Statutory Declaration and a tax declaration as required by law.
Justice Ofori-Atta observed that records before the court clearly shows that Mr Lartey failed to present all the necessary documents with his nominations form to the EC, hence, Mr Lartey’s claim that his nomination form is perfect was far from the truth.
Justice Ofori-Atta further pointed out that Mr Lartey knew that his nomination forms were not in order.
The court consequently held that the EC was not in breach of any law in refusing to accept his nomination forms.
On November 28, Dan Lartey, instituted the legal action after the Electoral Commission refused to accept his nomination forms as the presidential candidate of the GCPP to contest the presidential election slated for December 7.
In his application for certiorari and mandamus, Mr Lartey prayed the court to quash the decision of the EC on October 17, refusing to accept his nomination papers as presidential candidate of the GCPP.
He claimed that the officials also refused to state reasons at the back of the nomination form for onward transmission to the Attorney-General’s Department for his advice as required by the Public Elections Act C115.
Mr Lartey further claims that the EC’s decision was in breach of the rules of natural justice which entitle him to be heard before the rejection of his nomination form. He further claimed that the decision by the EC to write to him was an after thought.
The EC, however, deny that the reasons stated in their reply to Dan Lartey was an after thought as the reasons stated for the rejection of the nomination form were true and had been made known to him on October 17, 2008, the last day of the nomination period before he left the office of the Commission.
Mr Quashie Idun argued that Dan Lartey acknowledged the anomalies in the completion of his nomination forms, his inability to re-submit the forms within the stipulated time on the nomination day and pleaded that his forms be accepted in that state in order not to be excluded from filing as a presidential candidate, which plea the EC was prohibited by the regulations from accepting.
03/12/2008
An Accra Fast Track High Court, presided over by Justice Ofori-Atta, yesterday dismissed a suit filed by Dan Lartey, leader of the Great Consolidated Popular Party, seeking an order to compel the Electoral Commission to accept his nomination forms and allow him to contest the December 7 general elections.
The court described Mr Lartey's application as lacking merit, pointing out, "I find no merit in his application and therefore dismissed it.”A cost of GH¢1,500.00 was awarded against him.
According to the judge, he was satisfied with the reasons given by the EC in rejecting Mr Lartey"s application.
James Quashie Idun, Counsel for the Electoral Commission, in the EC’s affidavit stated that there were several flaws with Mr Lartey’s nomination form.
It indicated that Dan his form contained many uncompleted portions in respect to the required two registered voters resident in the area of authority of each of Ghana’s District
Assemblies (of which there are 148) particularly in districts far away from Accra. His nomination form did not also have attached to it a Statutory Declaration and a tax declaration as required by law.
Justice Ofori-Atta observed that records before the court clearly shows that Mr Lartey failed to present all the necessary documents with his nominations form to the EC, hence, Mr Lartey’s claim that his nomination form is perfect was far from the truth.
Justice Ofori-Atta further pointed out that Mr Lartey knew that his nomination forms were not in order.
The court consequently held that the EC was not in breach of any law in refusing to accept his nomination forms.
On November 28, Dan Lartey, instituted the legal action after the Electoral Commission refused to accept his nomination forms as the presidential candidate of the GCPP to contest the presidential election slated for December 7.
In his application for certiorari and mandamus, Mr Lartey prayed the court to quash the decision of the EC on October 17, refusing to accept his nomination papers as presidential candidate of the GCPP.
He claimed that the officials also refused to state reasons at the back of the nomination form for onward transmission to the Attorney-General’s Department for his advice as required by the Public Elections Act C115.
Mr Lartey further claims that the EC’s decision was in breach of the rules of natural justice which entitle him to be heard before the rejection of his nomination form. He further claimed that the decision by the EC to write to him was an after thought.
The EC, however, deny that the reasons stated in their reply to Dan Lartey was an after thought as the reasons stated for the rejection of the nomination form were true and had been made known to him on October 17, 2008, the last day of the nomination period before he left the office of the Commission.
Mr Quashie Idun argued that Dan Lartey acknowledged the anomalies in the completion of his nomination forms, his inability to re-submit the forms within the stipulated time on the nomination day and pleaded that his forms be accepted in that state in order not to be excluded from filing as a presidential candidate, which plea the EC was prohibited by the regulations from accepting.
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