Justice Richard Appietu has ruled against Bernard Mornah, flagbearer of the People’s National Convention (PNC), dismissing his application to overturn the Electoral Commission’s decision to disqualify him from the 2024 presidential race. In his ruling, Justice Appietu upheld the Electoral Commission’s decision, citing a lack of meticulousness in the completion of Mornah’s nomination forms.
Mornah had filed a lawsuit claiming that the Electoral Commission violated his rights to natural justice by disqualifying him without providing a fair opportunity to correct alleged errors in his nomination forms.
According to Mornah, the commission notified him on September 13, 2024, about discrepancies in his forms and gave him a chance to make corrections. However, after resubmitting the forms, Mornah was disqualified, with the commission citing several unresolved errors.
The disqualification letter did not provide details about the errors, which Mornah argued infringed on his political rights, his right to be heard, and his right to administrative justice.
He asserted that the commission’s actions violated his constitutional right to a fair hearing, especially since the errors were not specified in the final disqualification letter.
In its defense, the Electoral Commission countered Mornah’s claims, stating that he had failed to fully rectify the identified errors despite being given the opportunity to do so. The commission highlighted that some of the errors were not only significant but also potentially criminal in nature.
These included the absence of a signature for one John Arthur and the suspicious use of the same signature for four different endorsers on Mornah’s nomination form. The commission argued that these discrepancies justified Mornah’s disqualification from the race and maintained that their actions were within the bounds of the constitution.
Justice Appietu, after reviewing the case, determined that Mornah’s right to be heard had not been breached. The judge noted that the evidence presented showed that Mornah was informed of the errors on September 13 and had been asked to correct them.
Although the final disqualification letter did not specify the exact errors, Justice Appietu ruled that the errors were related to the issues mentioned in the initial notification.
The judge emphasized that Mornah had been given a fair chance to correct the errors and, by failing to address them properly, he effectively waived his right to a second hearing.
Justice Appietu likened Mornah’s situation to someone being informed of a court hearing date but choosing not to attend, thereby forfeiting their right to be heard. In this case, Mornah’s incomplete corrections led to his disqualification, which, according to the judge, was procedurally fair.
In his ruling, Justice Appietu stressed that the PNC and Mornah should have exercised greater diligence when filling out the nomination forms. He pointed out that the PNC has been a part of Ghana’s electoral process since 1992, and its failure to meet the necessary requirements reflected poorly on the party’s preparedness.
Given the party’s long history in the political arena, the judge noted that such mistakes could have been easily avoided with more careful attention to detail.
The court ruling also touched on the allegations of fraudulent activity in Mornah’s nomination forms. The Electoral Commission had asserted that the use of identical signatures for four different individuals raised serious concerns about the integrity of the submission.
Justice Appietu agreed with this assessment, invoking the legal principle that “he who comes to equity must come with clean hands.” In this case, the judge found that Mornah’s form contained enough irregularities to warrant suspicion, and as a result, he could not seek judicial relief based on an unclean submission.
In light of the evidence presented and the arguments made by both parties, Justice Appietu denied Mornah’s request for judicial review.
The ruling effectively upholds the Electoral Commission’s decision to disqualify Mornah from the 2024 presidential race, marking the end of his bid to challenge the disqualification in court.
The case has drawn significant public attention, as Mornah’s disqualification came alongside the disqualification of several other presidential hopefuls, all of whom were cited for various errors and omissions in their nomination forms. Mornah’s case, however, stood out due to the allegations of administrative injustice and violations of his political rights.
With the court’s ruling now in place, Mornah’s disqualification remains valid, and he will not be part of the upcoming presidential election. However, the decision also serves as a reminder of the importance of accuracy and diligence in the electoral process, particularly for candidates seeking the highest office in the country.
As the political landscape continues to evolve ahead of the 2024 elections, this ruling may also have broader implications for the relationship between the Electoral Commission and political parties in Ghana. The case underscores the need for both electoral authorities and political aspirants to adhere strictly to the rules and regulations governing the nomination process, ensuring that future elections are conducted smoothly and in accordance with the law.
