Hafsa Obeng, GNA
Accra, Oct 31, GNA –
An Accra High Court hearing the case in which Mr Hassan Ayariga, flagbearer of
the All People's Congress was challenging his disqualification to contest this
year’s presidential election, on Monday adjourned the matter to November 1,
The case was adjourned after both parties apologized to the court for not being able to file their statement of case on Friday, October 28, as directed by the court.
When the case was called on Monday, Mr Thaddeus Sory, Counsel for the Electoral Commission, told the court that they were unable to file the statement on Friday because the Commission had been laden with a number of suits.
He however noted that they had filed their statements this morning.
Mr Maxwell Logan, Counsel for Hassan Ayariga also told the court that he has not been well but his clerk was in the process of filing at the time the court was sitting.
He pleaded with the court that since they were unable to file their statements as ordered, the court could consider relying on their written submissions for its ruling, or adjourn the matter for their oral submissions.
The Presiding judge, Barbara Tetteh-Charway, said she would like to first have a look at both statements of case and if she needs clarifications she will ask the lawyers to address the court, but if not, she would proceed with her ruling.
The APC Presidential Hopeful contends that the EC has no power to disqualify him and as such seeking the orders of the court to compel the Commission to accept his nomination form and include his name on this year’s Presidential ballot.
According to Mr Ayariga, even if the EC had the powers to disqualify him, “Its failure to adhere to due process was so unjust and perverted as to deprive the Commission of its powers.”
He was therefore seeking a declaration that the EC’s closure of the nomination period on October 10, without notifying the applicants of any outstanding issues amounted in law to a representation to all candidates and the whole world that the applicants' nomination form were fully completed within the requirement of the law and CI 94.
Mr Ayariga was also seeking a declaration that the purported closure of the nomination period before or without giving him an opportunity to amend any error on his form based on which the EC seeks to invalidate was in breach of natural justice.
He also wanted declaration that the EC could only disqualify a candidate “where it has notified that candidate of an invalidity which the candidate refuses or fail to amend.”