Kofi Asamoah-Siaw, the flagbearer of the Progressive People’s Party (PPP), has taken legal action against the Electoral Commission (EC) following his disqualification from the upcoming December presidential elections. Asamoah-Siaw was among 11 candidates disqualified from the race, while 13 others, including four independent candidates, were cleared to run for the presidency.
The EC stated that the disqualified candidates failed to correct errors on their nomination forms, which led to their exclusion from the December 7, 2024, elections. According to the commission, the presidential aspirants were given the opportunity to rectify these errors but did not meet the requirements to proceed.
Asamoah-Siaw has since filed a lawsuit, seeking a court order to overturn the decision and allow him to contest the elections. He is challenging the validity of a letter dated September 20, 2024, issued by the EC Chairperson, which formally barred him from participating in the presidential race.
In his legal filing, Asamoah-Siaw claims that the EC did not provide adequate information regarding the specific errors on his nomination forms, which would have enabled him and the PPP to correct any mistakes in accordance with the law.
The PPP flagbearer contends that the EC’s actions were arbitrary and inconsistent with its previous handling of nomination form errors. He pointed out that, in earlier instances, the commission had clearly identified specific errors in his nomination forms and had allowed him to correct them.
This time, however, Asamoah-Siaw argues that the EC failed to specify the nature of the errors, depriving him of the opportunity to make the necessary corrections.
In his motion, Asamoah-Siaw stated, “It is inconceivable that the same respondent who earlier identified specific errors in the applicant’s nomination forms and enabled the applicant to correct them this time round could not pinpoint which further errors there were, so the applicant could be given the opportunity to effect necessary amendment or alteration in accordance with the law.” He is calling on the court to review the EC’s decision and reinstate his candidacy.
Meanwhile, Bernard Anbataayela Mornah, the flagbearer of the People’s National Convention (PNC), has also filed a lawsuit against the EC over his disqualification from the presidential race. Mornah is arguing that his disqualification was unlawful and violated his rights, asserting that the EC failed to comply with the due process requirements outlined by law.
In his legal action, Mornah is demanding a court order to compel the EC to recognize his nomination as valid and allow him to contest the December elections. He has requested an “order of mandamus” to force the EC to declare him as a duly nominated candidate for the 2024 presidential elections.
Additionally, Mornah is seeking an order to restrain the EC from printing the presidential ballot papers or proceeding with the election until he is declared a valid candidate.
Mornah’s lawsuit, similar to Asamoah-Siaw’s, questions the transparency and fairness of the EC’s disqualification process. Both candidates are claiming that the EC failed to follow the appropriate legal procedures and that their rights as presidential aspirants were infringed upon.
The outcome of these lawsuits could potentially impact the timeline and proceedings of the December 7, 2024, elections, depending on the court’s rulings.
Asamoah-Siaw and Mornah’s legal challenges are just two examples of the growing scrutiny of the EC’s handling of candidate nominations for the upcoming elections.
The commission, which is responsible for overseeing the electoral process in Ghana, has come under fire from multiple parties and candidates who feel that their disqualifications were unjust.
The court will now be tasked with determining whether the EC acted within its legal authority in disqualifying the candidates and whether due process was followed. The outcome of these cases could set a precedent for how electoral disputes are handled in the future and may influence the way the EC conducts its operations going forward.
For now, the disqualified candidates, including Kofi Asamoah-Siaw and Bernard Mornah, await the court’s decision on their lawsuits. Both candidates remain hopeful that the court will rule in their favor and allow them to participate in the presidential race, despite the EC’s decision to disqualify them.
As the legal proceedings unfold, the attention of the public and political observers will be focused on the courts, as the cases hold significant implications for the upcoming elections and the candidates’ political futures.
The December 7, 2024, elections are expected to be highly contested, with a number of political parties and independent candidates vying for the presidency.
The legal battles surrounding the disqualification of several aspirants have added another layer of complexity to an already tense political atmosphere. Ghanaians will be watching closely to see how the courts resolve these disputes and whether the disqualified candidates will ultimately have a chance to run for office.
