The All People’s Congress, (APC) has also won its case against the Ghana Electoral Commission over the disqualification of its flagbearer, Hassan Ayariga.
An Accra High Court presided by Justice Barbara Tetteh Charway has quashed the EC’s disqualification of Ayariga and ordered the Commission to afford him the opportunity to amend the errors on his nomination forms.
This is the second defeat against the EC in its legal battle with the disqualified presidential hopefuls.
Justice Tetteh Charway held that the EC’s failure to notify Ayariga of the two errors in his nomination forms was a breach of CI94.
In her opinion, the Commission cannot claim to have acted fairly and reasonably without giving the applicant an opportunity to be heard before disqualifying him.
On the allegation of fraud against the APC for the different signatures by one subscriber, Justice Tetteh Charway stated that the EC could have waited for investigations to be completed before proceeding to disqualify the flagbearer.
Justice Tetteh Charway stated further that the EC claimed that it was taking pragmatic steps in view of the PPP suit challenging the legality of the filing fees but the court held that Commission did not consider the implications of those decisions.
She then proceeded to caution the EC to hasten slowly in its decision making process.
An elated Ayariga praised the prevailing rule of law in the country.