High Court Dismisses Bernard Mornah Appeal: The Accra High Court has dismissed a legal challenge brought by Bernard Mornah, the flagbearer of the People’s National Convention (PNC), against the Electoral Commission’s (EC) decision to disqualify him from contesting the 2024 Presidential Election.

The court’s ruling, issued on Monday, October 21, upholds the EC’s decision and rejects Mornah’s claims that the disqualification violated his constitutional rights.

High Court Dismisses Bernard Mornah Appeal: Background of the Case

Bernard Mornah’s disqualification was announced by the EC on September 20, 2024, following the review of nomination forms submitted by presidential candidates. A total of 24 candidates had filed nominations between September 9 and 13, with the EC ultimately clearing 13 candidates to contest the December polls. The other 11 candidates, including Mornah, were disqualified for not meeting the requirements set out in law, according to the EC.

The decision to disqualify candidates followed what the EC described as a “thorough examination” of the nomination documents to ensure compliance with all legal requirements. The process was aimed at verifying the accuracy of the information provided, the authenticity of supporting documents, and the eligibility of the candidates under Ghana’s electoral laws.

Bernard Mornah’s Legal Arguments

Mornah’s legal challenge sought to overturn the disqualification, arguing that the decision breached his fundamental right to a fair hearing. He contended that:

• The EC and its chairperson, Jean Mensa (the first and second respondents in the case), did not specify the exact grounds for his disqualification, depriving him of the opportunity to correct any errors or provide additional documentation.
• The decision contravened several constitutional provisions, including Articles 12(1) and (2), 21(3), 23, 34(1), 35(4), 37(2)(b), 37(4), 40(c) and (d), and 41(b) and (d) of the 1992 Constitution, as well as Regulation 9 of the Public Elections Regulations, 2020 (C.I. 127). These provisions protect the rights to administrative justice, fair trial, and due process.
• The actions of the EC were “unreasonable, unfair, capricious, arbitrary,” and a breach of the duties imposed on them by Articles 23 and 296 of the Constitution, which require public officials to exercise their discretion in a fair and lawful manner.

Based on these arguments, Mornah sought several declarations from the court, including:

1. A declaration that his disqualification without being provided specific reasons or given an opportunity to be heard was a violation of his fundamental rights.
2. A declaration that the disqualification from contesting the 2024 presidential election was illegal and violated constitutional provisions on administrative fairness and due process.
3. An order for the court to review the EC’s decision and potentially quash the disqualification.

The High Court’s Ruling

The court dismissed Mornah’s application, upholding the decision of the Electoral Commission to disqualify him from the presidential race. In its ruling, the court found that the EC acted within its mandate to vet and verify nomination documents in line with the law. The court noted that the examination process was conducted to ensure compliance with the constitutional and statutory requirements necessary for contesting the presidential election.

The ruling also underscored the responsibility of candidates to ensure that their nomination forms and supporting documents meet the required standards. The court concluded that Mornah had failed to demonstrate that the EC had acted unlawfully or violated any specific rights guaranteed under the Constitution. It found that the absence of specific details regarding the grounds for disqualification did not amount to a breach of fundamental rights, as the EC’s role involved ensuring compliance with electoral laws, including the scrutiny of candidate documentation.

Also read: John Mahama Criticizes EC Over Bernard Mornah Disqualification Ahead of 2024 Election

Implications of the Decision

High Court Dismisses Bernard Mornah Appeal : The High Court’s ruling serves as a significant affirmation of the powers vested in the Electoral Commission under Ghanaian law. It emphasizes the EC’s autonomy and the need for candidates to strictly adhere to the legal requirements for presidential nominations. The decision also reflects the judiciary’s stance on upholding procedural integrity in the electoral process, ensuring that any challenges to administrative decisions must be based on solid legal grounds and evidence of rights violations.

Mornah’s case brought attention to the stringent measures adopted by the EC in verifying the eligibility of presidential candidates, which includes the thorough examination of all submitted nomination forms. The court’s decision supports the notion that the electoral process must be free from administrative irregularities, which is essential for ensuring the credibility of elections in Ghana.

Context and Broader Impact

The disqualification of 11 out of 24 presidential candidates underscores the challenges some aspirants face in meeting the requirements set by the EC. The electoral body’s decision to disqualify candidates based on non-compliance with legal standards is not without precedent, as similar disqualifications have occurred in past elections.

Mornah’s case has also sparked discussions around the need for reforms to improve transparency and fairness in the nomination process. Some stakeholders argue that disqualified candidates should be given clear feedback and an opportunity to rectify issues before being barred from contesting, to avoid potential legal disputes and ensure that the process is perceived as just.

As Ghana prepares for the December 2024 election, the dismissal of Mornah’s challenge reinforces the importance of adherence to electoral rules by all candidates. The ruling not only sets a legal precedent but also serves as a reminder to future aspirants about the necessity of ensuring that all nomination documentation complies with the stipulated electoral requirements.

Conclusion

High Court Dismisses Bernard Mornah Appeal : The dismissal of Bernard Mornah’s application marks the end of his bid to challenge the EC’s decision to disqualify him from the 2024 Presidential Election. The court’s ruling highlights the legal and procedural safeguards in Ghana’s electoral system, emphasizing the need for candidates to meet established requirements. While the ruling may not be the outcome Mornah hoped for, it contributes to shaping the legal landscape concerning electoral disputes and the role of administrative bodies in upholding election integrity.

High Court Dismisses Bernard Mornah Appeal

Source: 3news.com