Try asking the following...
RULING
RULING
I have before me an application in the nature of judicial review seeking the following reliefs:
One, certiorari to bring to the court the decision of the Respondents dated the 10th of October, 2016 which disqualified the Applicant as a presidential candidate for the 2016 general elections for the purpose of having same quashed.
Two, an order of prohibition to be directed at the Respondents from proceeding with balloting for positions in the presidential elections.
And three for further orders directed against the 1st Respondent in her capacity as Returning Officer for Presidential election to grant the Applicant the opportunity to amend and alter the one anomaly found in his nomination papers as well as accept his nomination papers as amended or altered to enable him contest as a presidential candidate for the 7th of December, 2016 elections.
The grounds upon which the Applicant mounts this application has been stated by him to be anchored on:
1. Breach of the rules of natural justice (audi alteram partem)
2. Error apparent on the face of the record.
As an application of this nature launched under Order 55 of the High Court (Civil Procedure) Rules C. I. 47 must of necessity be supported by an affidavit deposed to by or on behalf of the Applicant, the factual basis upon which this application has been made has fully been set out in the Applicant’s affidavit of 14th October, 2016.
I find it necessary to state the essential matters relied on by the Applicant in his thirty-three (33) paragraph affidavit in support. Applicant states that he was elected at the convention of the Progressive Peoples Party (PPP) as its Presidential candidate to contest for the upcoming elections for 2016. That the Respondents, who are mandated by law with the responsibility for the conduct of the elections opened nominations for which he duly picked nomination forms to contest for the office of the President of the Republic.
Applicant notes that the Respondents announced that it would receive the completed nomination papers on the 29th and 30th of September, 2016 and included the specific hours that persons who had evinced an intentions of contesting for the office of President were to submit the nominations papers. Applicant further claim that he dutifully followed the instructions of the Respondents and submitted his forms on the 30th of September, 2016 only to hear ten clear days later on the 10th of October, 2016 at a press conference organized by the Respond