Lawyer for the Electoral Commission (EC) says his client acted within its powers by disqualifying the presidential candidate of the National Democratic Party (NDP), Nana Konadu Agyemang Rawlings and 11 others.
In the 11-page response to a letter by solicitors of the NDP leader demanding either the Commission reinstate their client or face a lawsuit, the EC says it applied the rules and regulations governing elections in the country to arrive at its conclusion.
“Our reading of the rules regulating the presidential elections confirms that the submission of nomination papers for the purpose of contesting the presidential elections confirms that the submission of the forms does not result in the automatic acceptance of such forms by our client,” the statement reads.
The Lawer cited regulation 9 (1) and (2) of the Public Elections Regulation, 2016 (C.I. 94) in support of its action.
9 (1) states that:" Whenever the nomination paper and the statutory declaration of a candidate are delivered and the deposit is paid in accordance with these Regulations, the candidate shall be considered to stand nominated, unless proof is given to the satisfaction of the returning officer of the candidate's death, withdrawal or disqualification."
They further argue that the statutory provision only represents one of the preliminary steps in the nomination process.
Regulation 9 (2) says that :" the returning officer shall inform a candidate that the candidate's nomination is invalid where
(a) the particulars of the candidate or the persons subscribing to the nomination paper are not as required by law; or
(b) the nomination paper is not subscribed to as required by law..."
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