PNC flag bearer Bernard Mornah sues EC over disqualification

The flag bearer of the Peoples National Convention (PNC), Bernard Mornah, has sued the Electoral Commission (EC) for disqualifying him from the 2024 presidential election.

In an application filed at the Accra High Court on Tuesday [Sept 24, 2024], Mr Mornah is seeking, among other reliefs, an order restraining the EC from embarking on any activity relating to the Presidential election until he is declared as “duly nominated candidate and allowed to contest the elections”

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

He is further seeking a declaration from the court that the EC, as an administrative body, acted arbitrarily, unfairly and capriciously in disqualifying, and therefore it breached Article 23 of the 1992 Constitution, and also breached his fundamental human rights as protected by the Constitution.

Grounds 

The judicial review application by Mr Mornah, was filed by his lawyer, Professor Raymond Atuguba, who is also the Dean of the University of Ghana Law School.

It is premised on the grounds that the EC acted illegally, breached the rules of natural justice and also committed procedural impropriety in disqualifying him from contesting the elections.

It is the  contention of the applicant that the EC failed to give him a hearing or an opportunity to remedy the alleged mistakes leading to his disqualification.

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

Apart from the EC, which has been named as the first respondent in the application, the Returning Officer for the 2024 Presidential Polls, who happened to be the Chairperson of the EC has also been named as the second respondent.

Background 

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

Notable among the 11 aspirants who have been disqualified were Mr Mornah, Janet Nabla, an independent aspirant and Kofi Asamoah Siaw of the Progressive Peoples Party (PPP).

Explaining the reasons for the disqualifications last Friday, the chairperson of the EC, Mrs Jean Mensa explained that for Bernard Mornah of PNC, he had incomplete particulars of supporters for his nomination.

She said he also used registered voters in a particular district to support his nomination in other districts.

His form also contained varying signatures of some supporters, and in some cases the same signatures for different supporters and that is why the EC decided to disqualify him, she said.