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Bernard Mornah, the flagbearer of the People’s National Convention (PNC), has filed a lawsuit against the Electoral Commission (EC) in response to his disqualification from the 2024 presidential contest.
Tuesday, September 24, 2024, saw the filing of a lawsuit in the Accra High Court by Mr. Mornah. The suit seeks a number of reliefs, one of which is an order prohibiting the EC from moving forward with any presidential election-related activities until he is acknowledged as a “duly nominated candidate” and granted permission to run for office.
In addition, Mr. Mornah’s legal team is asking for an order of certiorari to reverse the EC’s decision to disqualify him. Prof. Raymond Atuguba is the dean of the University of Ghana Law School.
They are also requesting a mandamus ruling, which would require Jean Mensa, the chairperson of the EC, to declare Mr. Mornah eligible to run for president.
In addition, the lawsuit claims that the EC violated Article 23 of the 1992 Constitution, which requires impartiality in administrative judgments, by acting in an arbitrary and unjust manner.
Mr. Mornah claims that his disqualification violates the Constitution’s protection of his fundamental human rights.
The EC’s actions were unlawful and incorrect in procedure, according to the application, which was submitted as a judicial review.
Mr. Mornah believes that the Public Elections Regulations, 2020 (C.I. 127) violate the principles of natural justice and due process since he was not given the chance to discuss or correct the claimed errors that resulted in his disqualification.
The case names the EC as a respondent in addition to Jean Mensa, who is the Returning Officer for the 2024 Presidential Elections.
The EC dismissed 11 candidates and approved 13 candidates to run for president in the 2024 election on September 20, 2024.
Source: Ghanatodayonline.com
