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Harold Atuguba, the attorney representing Bernard Mornah, a disqualified presidential candidate for the People’s National Convention (PNC), has urged the Electoral Commission (EC) to pause the printing of ballot papers and notice of poll until the court rules on Mornah’s disqualification on October 21.
Mornah has initiated a lawsuit contesting his disqualification for the upcoming presidential election. The High Court in Accra has scheduled the ruling for October 21, 2024.
In an interview with TV3 on October 16, Atuguba emphasized the need for the EC to stop the ballot printing process until the court delivers its decision. “We understand that the Electoral Commission is moving ahead with printing the ballot papers, and we have requested the court to advise the EC to suspend these actions until Monday’s ruling,” Atuguba stated.
Mornah is among 11 candidates whose nomination documents were rejected by the EC due to various issues, such as errors, incomplete forms, and the improper use of voters from one district to represent another.
Atuguba argued that this legal challenge is not solely about Mornah’s candidacy but also addresses broader concerns regarding fairness and the rule of law in Ghana’s electoral process. “Our complaint is simple: the EC must adhere to Articles 23 and 296, which require administrative bodies to act fairly and reasonably when making significant decisions,” he said.
The EC has contended that while some errors were communicated to the candidates, others deemed potentially criminal were not disclosed. The Commission has justified Mornah’s disqualification based on these alleged issues, including forgery. However, Atuguba countered, asserting that the EC should not intervene in criminal matters, which should be left to law enforcement. “The EC cannot assume police powers. It is the police who are responsible for investigating criminal issues,” he argued.
He also noted that candidates have previously been allowed to rectify errors on their nomination forms and insisted that Mornah should have the same chance. “We are confident that the ruling on Monday will result in Mr. Bernard Mornah being included on the presidential ballot,” he concluded.
