December 7 elections still holds – Court dismisses UFP Flagbearer’s case against EC

The Accra High Court has dismissed the suit filed by the flagbearer of the United Front Party against the Electoral Commission for disqualifying him from the 2020 presidential elections.

In siding with the EC, the court stated that the commission gave the persons who endorsed Mr Agyenim Boateng’s form a fair hearing.

The court also stated that the EC did not breach any of its regulation since it informed Mr. Boateng of his disqualification.

The UFP aspiring president was disqualified together with four other aspirants for infractions found on their  nomination forms.

The commission alleged forgery of signatures and manufacturing of endorsements.

But Mr Agyenim Boateng rejected the allegations.

He took to the court to challenge the commission’s decision and wanted an order from the Accra High Court to quash the EC’s decision.

But the court disagreed, insisting that the Electoral Commission followed due process in refusing to accept Mr Boateng as a candidate.

The court explained that the right to a fair hearing did not mean the EC should endorse criminality.

The UFP leader also wanted the court to order the commission to halt the election process until the final determination of his case.

But the court threw out the relief, urging the EC to continue its work.

With all set for the December elections, the court said the election should be held on December 7 as scheduled.

It said the EC would not be impeded from following its timelines, especially when there was no equitable right to be protected.

Nana Agyenim Boateng had argued that his disqualification “was wrong and without basis”.

The UFP flagbearer was convinced that the claims by the Electoral Commission that three people who endorsed his nomination forms denied doing so were false.

Jean Mensa
Electoral Commission boss Jean Mensa

In his affidavit in support of his application, he said all the three people “alleged to have denied endorsing his nomination have sworn their respective statutory declarations confirming that they endorsed the nomination.”

He further said that the commission failed to give him a hearing in line with the rules of natural justice when it came to the conclusion that the three people had allegedly denied endorsing his nomination forms.

“The duty to give hearing is the fundamental right and basic requirement of natural justice which is binding on all persons and all institutions,” he added.

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