Court endorses EC’s disqualification of Bernard Mornah

Bernard Mornah's chances of securing a spot on the 2024 ballot as a presidential candidate for the People's National Convention (PNC) diminished further when the High Court last Monday upheld the Electoral Commission's (EC) decision to disqualify him from the race.

This comes after the General Jurisdiction (11) division of the High Court, presided over by Justice Richard Apietu, ruled that contrary to the allegation that the EC failed to specify the reasons for his disqualification and did not give (Mornah) an opportunity to rectify the alleged mistakes in his nomination forms, evidence on record proved otherwise.

Specifically, the judge relied on a letter from the EC dated September 13, 2024, which outlined several anomalies in Mornah's nomination form, including alleged forged signatures and incorrect voter identification numbers. 

the said letter, the EC gave Mr Mornah the opportunity to correct the anomalies, which he did and submitted on the same day. Both the aspirant's and the EC's lawyers conceded this.

Justice Apietu believed that once the EC notified Mornah of the anomalies, he (Mr Mornah) should have been more meticulous in correcting same when the first opportunity was given to him.  

“The court ought not to grant the application for judicial review. The application is refused and accordingly dismissed,” Justice Apietu, said dismissing the suit in which

Mr Mornah was praying the High Court to overturn his disqualification from the race. 

Disqualification

On September 20, the EC cleared 13 aspirants to contest the 2024 Presidential election and disqualified 11.

Mr Monarh was one of the aspirants disqualified by the Commission leading to the legal action.

In a judicial review application, Mr Mornah argued that aside from the EC failing to give him a hearing or an opportunity to remedy the alleged mistakes which led to his disqualification, the commission did not also state the particulars for his disqualification.

The flag bearer of PNC, Mr Mornah argued on grounds that the EC acted illegally, breached the rules of natural justice and also committed procedural impropriety in disqualifying him from contesting the elections.

Such an act, he averred, was against due process and his fundamental human rights  as stipulated by the 1992 Constitution and the Public Elections Regulations, 2020 (C.I. 127)

Again, he was seeking an order of certiorari quashing the EC’s decision to disqualify him from contesting as a Presidential Candidate in the 2024 polls and an order of mandamus compelling the Chairperson of the EC, Jean Mensa, to declare him as duly nominated to contest the election.

Meanwhile, the EC, led by Justin Amenuvor, urged the court to dismiss the suit on grounds that it had no merit.

The EC dismissed all the claims of the applicant in its defence, insisting that it gave the applicant an opportunity to remedy the anomalies. 

Ruling

Based on the evidence on record, the presiding judge said there was no doubt that both Mr Mornah and the EC conceded that a letter was sent for Mornah to address the anomalies.

The judge further wondered why the PNC, with all the experience in the previous election, did not use that experience to assist its presidential candidate since other presidential candidates took the pains to rectify their mistakes when the EC notified them.