Bernard Mornah, the flag bearer of the People’s National Convention (PNC), has on Tuesday, September 24, taken legal action against the Electoral Commission (EC) following his disqualification from the 2024 presidential election.
Mr. Mornah filed an application at the Accra High Court, with the EC listed as the first respondent in the case, while its chairperson, Jean Mensa, serving as the returning officer for the 2024 Presidential Polls, is the second respondent.
He is seeking several reliefs, including an order to halt all EC activities related to the presidential election until he is declared a duly nominated candidate and allowed to participate in the race.
Additionally, Mr. Mornah is requesting a certiorari to quash the EC’s decision to disqualify him and a mandamus to compel the Chairperson of the EC, Jean Mensa, to declare him as a valid presidential candidate.
He argues that the EC acted arbitrarily and unfairly in disqualifying him, thereby violating Article 23 of the 1992 Constitution and infringing on his fundamental human rights.
Rerepresented by renowed lawyer Professor Raymond Atuguba, Mr. Mornah’s application is based on claims that the EC breached natural justice, acted illegally, and committed procedural impropriety.
The suit contends that the EC did not grant him the opportunity to rectify the alleged errors in his nomination forms, which led to his disqualification. This, he argues, violates due process, the 1992 Constitution, and the Public Elections Regulations, 2020 (C.I. 127).
On September 20, 2024, the EC approved 13 candidates for the presidential election but disqualified 11 others, including Mr. Mornah.
According to the EC, Mr. Mornah’s nomination was rejected due to incomplete supporter information, the use of registered voters from one district to support nominations in other districts, and inconsistencies in the signatures of his supporters.
The Electoral Commission (EC) recently conducted a ballot to assign the approved presidential candidates their positions on the ballot paper for the upcoming December elections.
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