Court to rule on Bernard Mornah’s disqualification from Election 2024 on Oct 21

Harold Atuguba, counsel for Bernard Mornah, a disqualified presidential aspirant on the ticket of the People’s National Convention (PNC) has called on the Electoral Commission (EC) to hold on with the printing of notice of poll and ballot papers until the court rules on Mr Mornah’s disqualification on October 21.

Mr Mornah has filed a suit challenging his disqualification as a presidential candidate in Election 2024.

The High Court in Accra has set October 21, 2024 to rule on the application.

In a television interview with TV3 on Wednesday [Oct 16, 2024] Mr Atuguba argued that it was important for the EC to halt the ballot printing process until a ruling is delivered on October 21. 

“We are aware that the Electoral Commission is proceeding with the printing of ballot papers, and we asked the court to advise the EC to pause these processes until Monday’s ruling,” Mr Atuguba said.

Bernard Mornah is one of the 11 aspirants whose nomination documents were rejected by the EC for various reasons including errors, incomplete forms, using voters in one district to represent others in another district.

To Mr Atuguba, the legal challenge goes beyond Mr Mornah’s candidacy, focusing on fairness and the rule of law in Ghana’s electoral process. 

“Our complaint is straightforward, the EC must comply with Articles 23 and 296, which require administrative bodies to act fairly and reasonably when making decisions of this magnitude,” he stated.

The EC has argued that while some errors were pointed out to the aspirants, others, which it considers potentially criminal, were not communicated. 

The Commission justifies Mornah’s disqualification based on these alleged issues, including forgery. However, Atuguba countered this, asserting that the EC is not responsible for addressing criminal matters, which should be handled by law enforcement.

“The EC cannot assume the powers of the police. It is the police who are responsible for investigating criminal matters,” Mr Atuguba argued. 

He also pointed out that, in the past, candidates were allowed to correct errors on their nomination forms, and Mornah should be granted the same opportunity.

“We are confident that on Monday, the ruling will ensure Mr Bernard Mornah is included on the presidential ballot,” he said.