Bernard Mornah of the PNC sues The Electoral Commission
The flagbearer of the People National Convention (PNC), Bernard Mornah, has taken legal action against the Electoral Commission (EC) for disqualifying him from the 2024 presidential election.
In a petition submitted at the Accra High Court on Tuesday [Sept 24, 2024], Mr. Mornah is requesting, among other things, a court order to prevent the EC from engaging in any activities related to the Presidential election until he is officially recognized as a “duly nominated candidate and allowed to contest the elections.” Furthermore, he is also seeking a court order to invalidate the EC’s decision to bar him from running as a Presidential candidate in the upcoming election in 2024, along with an order for the Chairperson of the EC, Jean Mensa, to confirm his nomination to run in the elections.
The legal application filed by Mr. Mornah was prepared by his legal representative, Professor Raymond Atuguba, who is also the Dean of the University of Ghana Law School. The basis of the application revolves around the argument that the EC acted unlawfully, violated the principles of natural justice, and engaged in procedural irregularities when disqualifying him from the electoral race. Mr. Mornah maintains that the EC did not afford him a fair hearing or the opportunity to rectify any alleged errors that led to his disqualification. Such actions, according to him, go against the due process and his fundamental human rights as enshrined in the 1992 Constitution and the Public Elections Regulations, 2020 (C.I. 127).
In addition to naming the EC as the primary respondent in the legal action, the Returning Officer for the 2024 Presidential Polls, who incidentally is the Chairperson of the EC, has also been named as the second respondent. This move underscores the seriousness of Mr. Mornah’s challenge against the EC’s decision and highlights the importance of ensuring transparency and fairness in the electoral process.