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THE REPUBLIC
V.
MRS CHARLOTTE OSEI AND THE ELECTORAL COMMISSION EX PARTE DR. PAPA KWESI NDUOM

(2016) JELR 66442 (HC)

High Court 28 Oct 2016 Ghana
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- The High Court granted certiorari and prohibition, quashing the Electoral Commission’s decision disqualifying the applicant as a presidential candidate for failure to comply with natural justice (audi alteram partem) and procedural fairne

Case Details

Suit Number:SUIT NO.GT/1401/2016
Judges:HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT
Counsel:1ST RESPONDENT – NII AYIKOI OTOO ESQ. WITH GARY M. NIMAKO ESQ. FELIX, OGRAH ESQ. DENNIS OFOSU APPIAH ESQ. BARBARA BROWN MS CECIL ,ADASI ESQ AND NAA G. AYIKO OTOO MS FOR APPLICANT; THADDEUS SORY ESQ. WITH SEAN POKU ESQ. AND THEODORA TAWIAH ARMAH MS FOR RESPONDENTS.

RULING

BAFFOUR J.

I have before me an application in the nature of judicial review seeking the following reliefs:

One, certiorari to bring to the court the decision of the Respondents dated the 10th of October, 2016 which disqualified the Applicant as a presidential candidate for the 2016 general elections for the purpose of having same quashed.

Two, an order of prohibition to be directed at the Respondents from proceeding with balloting for positions in the presidential elections.

And three for further orders directed against the 1st Respondent in her capacity as Returning Officer for Presidential election to grant the Applicant the opportunity to amend and alter the one anomaly found in his nomination papers as well as accept his nomination papers as amended or altered to enable him contest as a presidential candidate for the 7th of December, 2016 elections.

The grounds upon which the Applicant mounts this application has been stated by him to be anchored on:

1. Breach of the rules of natu…

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