Hassan Ayariga addressing the media
An Accra high court yesterday suo motu, (on its own motion) abridged the time in the case in which Hassan Ayariga, presidential candidate of the All People’s Congress (APC), is challenging his disqualification by the Electoral Commission (EC) ahead of the December polls.
The court, presided over by Justice Barbra Tetteh Charway, as a result, ordered both parties to file their statements of case by Friday.
In the view of the court, the parties must also return on Monday, October 31, for any oral submissions, if any.
At the court’s sitting, the judge inquired from Maxwell Kobina Loghan if he had been served with the affidavit in opposition to the writ filed by the EC, which he answered in the affirmative.
Mr Ayariga is asking the court to cause the EC, headed by Charlotte Osei, to reverse its decision of disqualifying him from the presidential race.
He is also praying the court to declare that on a true and proper interpretation of the Regulation 9(1) of CI 94, the applicant stood nominated as a presidential candidate for the December 2016 presidential election from the moment of the respondent’s acceptance of his deposit.
Lawyers for the APC flag bearer, among other reliefs, are asking the court for a declaration that having regard to the facts and law, the EC has no power to reject their client’s nomination in the alternative, even if the respondent have such powers, its failure to adhere to due process was so unjust and perverted as to deprive the commission of its power.
The APC’s flag bearer is further asking the court for an order of mandatory injunction compelling the respondent to accept his nomination forms and to include his name on the ballot for the presidential election.
By Jeffrey De-Graft Johnson