Lawyer for the Electoral Commission (EC) has stated that the commission is not ready to rescind its decision to disqualify the flagbearer of the National Democratic Party (NDP) from the 2016 election race.
Nana Konadu Agyemang Rawlings was one of 12 presidential hopefuls disqualified by the EC for failing to meet at least one of the regulations governing the filling and filing of nomination forms.
Her Lawyers led by Ace Annan Ankomah in a letter addressed to the EC stated various reasons they believe show the EC lacked the capacity to disqualify the woman who founded the NDP after breaking away from the NDC.
The Lawyers said they would not hesitate to institute legal action against the commission if it fails to reinstate the former first lady who is seeking to lead the country.
“Please note that if these demands are not met forthwith and in any event within twenty-four (24) hours of this letter, we have our client’s further instructions to institute legal proceedings against you to compel you to meet the aforesaid demands without further notice or recourse to you.
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“Please do not doubt the resolve of our clients to pursue this to pursue this matter to ends afforded them by law,” Lawyer Ace Ankomah of bentsi-Enchill, Letsa and Ankomah stated in the letter.
But the Lawyer for the EC, Thaddeus Sory stated in an 11-page reply said stated that the EC did not err in law by disqualifying the former first lady of the country.
The reason, Thaddeus Sory said was because they find no basis in law to re-admit Nana Konadu’s nomination forms.
“Having taken that decision as required by regulation 9(4) of C.I 94 which spells out the procedure for dealing with the matter, our client finds no legal basis to rescind its decision especially that the statutory provisions upon which your letter is grounded do not allow our client such discretion.
The Lawyer also indicated that the EC cannot be faulted for her disqualification since she presented her nomination forms a day to the expiry of the nomination period.
“With regard to the non-complaint errors in respect of which our client expressed its inability to accept your client’s nomination papers however, we have been instructed by our client that it was impossible to comply with strict time period specified by rules within which your clients are by law permitted to amend or alter their nomination papers to comply with the requirements of the law regulating same, especially that your clients presented their nomination papers a day to the expiry of the nomination period, although your clients and all candidates were urged to submit their nomination papers as early as possible.
“In their regard, we must point out that our client does not take over responsibility for correctly filling out nomination papers of candidates only because the law requires the returning officers to draw their attention to statutorily non complaint errors.”
To this end, the EC said it does not doubt the resolve of Nana Konadu to pursue the case to the ‘the ends afforded them by law’.
“We do not doubt your clients’ resolve to pursue their cause to the ends afforded them by law but we trust your clients will, as dutiful citizens of the Republic of Ghana, support our client’s constitutional mandate and effort to deliver free, fair and credible elections. The smooth sailing process of our democratic evolution should be our mutual concern as well as primary collective responsibility,” the Lawyer concluded.
Click below for the full letter