Is it too late for Gane? Court sets Nov 30 for disqualification judgment

The Accra High Court has set November 30, 2020, to rule on the case of an independent presidential candidate who says his disqualification is unlawful.

The court presided over by Elfreda Dankyi made this known on Tuesday after a legal banter between counsel for the respondent and the plaintiff’s counsel.

It was the case of the commission’s counsel, led by Justin Amenuvor, that the court cannot grant the reliefs sought by the disqualified applicant.

According to the commission, the court cannot make declarations or orders for the benefit of the applicant, Mr Gane.

It was the prayer of the commission’s counsel that the court exercise restraint since the applicant is not permitted by law to quash the decision of the commission.

They, therefore, urged the court to dismiss the case. But the plaintiff counsel disagreed.

Mr. Nurudeen Saeed said the applicant has been condemned without being given a fair hearing.

“As we have made abundantly clear in our statement of case, the merit of the case is not whether the applicant was correct or not, it doesn’t matter.

“It’s not relevant whether it is true or not. The applicant is talking about the merits of the case, the allegations of fraud and forgery made against him.

“And they are completely silent on the applicant’s grievances, which is that he was not given a chance before his disqualification,” Mr. Saeed told the court.

Mr. Gane is one of the five presidential aspirants who were disqualified by Ghana’s electoral management body.

According to the EC, some signatures on his nomination forms were forged.

The EC’s technical team found that a number of the signatures endorsing his form had a similar pattern.

The EC said police investigations concluded that a number of the signatures endorsing his forms were all fake.

The case has been referred to the Criminal Investigations Department (CID) of the Police Service for further investigations and possible prosecution.

Reliefs sought by the disqualified presidential candidate

• To bring up the decision of the Electoral Commission to disqualify him as a presidential candidate in the 2020 presidential election and quash same by an order in the nature of certiorari

 

• Order the Electoral Commission to afford him the opportunity to correct any alleged errors or irregularities on his nomination paper and/or supporting documents

 

• Order the Electoral Commission to place his name on the ballot paper for the 2020 presidential elections

 

• Restrain the Electoral Commission from going ahead to print the ballot papers for the 2020 presidential elections without his name on same.

 

• General damages

 

The other disqualified persons from the polls were the United Front Party’s Nana Agyenim Boateng, Kofi Koranteng, an independent candidate; Akwasi Addae Odike of the United Progressive Party (UPP) and Kwasi Busumbru of the People’s Action Party (PAP).