In a decisive ruling, Justice Richard Appietu has affirmed the Electoral Commission’s decision to disqualify Bernard Mornah from the presidential race, criticizing the People’s National Convention (PNC) for a lack of thoroughness in filing its nomination forms.
The court dismissed Mornah’s appeal, which sought to overturn his disqualification, citing his failure to meet the necessary standards in the electoral process.
Mornah had argued that the Electoral Commission violated his rights to natural justice by not allowing him a fair opportunity to amend alleged errors in his nomination forms. He claimed that the commission notified him of discrepancies on September 13, and while he attempted to correct them, his candidacy was ultimately rejected without a clear explanation of unresolved issues.
However, the Electoral Commission stood firm, highlighting the gravity of the errors, some of which were described as potentially criminal. Among the irregularities were the absence of a key signature and the suspicious use of identical signatures for four different endorsers—clear violations of the electoral guidelines.
The Commission categorically denied any breach of constitutional or administrative justice, insisting that Mornah failed to adequately resolve the issues presented.
Justice Appietu, in delivering his judgment, concurred with the Commission’s stance, ruling that Mornah’s right to be heard had not been violated. He pointed to the fact that Mornah had been notified of the errors in advance and was given an opportunity to rectify them but failed to do so. The judge likened Mornah’s situation to someone being invited to a hearing but choosing not to attend, thus waiving their right to be heard.
Moreover, Justice Appietu was unequivocal in his criticism of the PNC, asserting that a party with its longstanding electoral history should have shown more precision in handling the nomination process. He stressed that political entities must uphold the integrity of the process, particularly when seeking the highest office in the land.
The ruling also addressed the more serious accusation of fraudulent activity. The judge underscored the Electoral Commission’s finding of identical signatures for different endorsers, suggesting the potential for criminal misconduct. Citing the legal principle that “he who comes to equity must come with clean hands,” Justice Appietu firmly rejected Mornah’s request for judicial review, signaling that the law leaves no room for carelessness or fraud in electoral matters.
In the end, the ruling serves as a stark reminder that those who seek to participate in Ghana’s democratic process must do so with full adherence to the law, meticulous attention to detail, and an unwavering commitment to integrity.
Godfred Sey/Ahotoronline.com
