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NDP v. Electoral Commission

2016

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE GEORGE K. KOOMSON

Areas of Law

  • Civil Procedure
  • Constitutional Law
  • Administrative Law
  • Human rights Law

AI Generated Summary

The High Court of Ghana (per Justice George K. Koomson) addressed the Electoral Commission’s motion to strike out an application by the 2nd and 3rd Applicants, including Nana Konadu Agyemang-Rawlings, challenging the Commission’s rejection of their presidential nomination forms. While the court rejected the Commission’s contention that Regulation 9(5) of C.I. 94 confines such challenges to post-election petitions and reaffirmed that constitutional human rights enforcement under Article 33 may be pursued pre-election, it held that the Applicants’ originating motion was procedurally incompetent because it improperly combined judicial review (Order 55) with fundamental human rights enforcement (Order 67) in one process despite their distinct procedural regimes. The court treated alleged affidavit defects (hearsay and exhibit certification) as curable irregularities. It struck out the application and awarded costs of GH₵10,000 to the Commission.