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Court dismisses Bernard Mornah’s disqualification suit against EC; heads to Supreme Court

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By Priscilla Owusu Ansah & Beatrice Oppon

The High Court has affirmed the Electoral Commission’s disqualification of the PNC Flagbearer, Bernard Mornah, from the December 7 Presidential election describing it as lawful. 

The Court, dismissing Mr. Mornah’s suit against the EC over his disqualification, held that the electoral body did not breach the rules of natural justice.

The Judge, Justice Richard Appeitu, was of the opinion that the commission gave the PNC Flagbearer an opportunity to correct errors on his nomination forms, contrary to claims by Mr Mornah that he was not given a hearing before proceeding to disqualify him. The Court further held that Mr. Mornah failed to fully utilise the opportunity given him by the EC in a letter dated September 13 to correct anomalies on his forms and turn around to accuse the Commission.

Justice Appietu said the PNC and Mr. Mornah did not act meticulously and were also not vigilant in the filing of the nomination forms. The judge said PNC as a party has participated in previous Presidential elections and should have used the experience gained to help the Flagbearer and not blame the EC.

The Court also affirmed the EC’s claim that Mr. Mornah’s nomination form contained the same signature for different supporters. The court held that it is a strong ground for the disqualification.

The PNC Flagbearer’s suit against the Electoral Commission and its Chairperson was for an order to quash his disqualification by the Commission and compel the Chairperson to declare him duly qualified to contest the election. 

Counsel for the disqualified PNC Flagbearer, Harold Atuguba, disagreed with the Court’s decision on the case.

He said the judge’s pronouncement on the supposed forged signatures without proper verification from a professional is flawed.

Meanwhile, Mr. Mornah has hinted at taking the matter further to the Supreme Court.

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