The High Court on the 21st of October 2024 dismissed an application filed by Bernard Mornah, the flag bearer of the People’s National Convention (PNC), who was seeking to overturn the Electoral Commission’s (EC) decision to disqualify him from contesting in the upcoming December 2024 presidential elections.
This decision marks a significant setback for Bernard Mornah and the PNC, as it eliminates their chance to participate in the highly anticipated elections.
Bernard Mornah’s disqualification was based on issues related to his nomination forms, which the EC deemed insufficient. In response, Bernard Mornah applied to the High Court, arguing that the grounds for his disqualification were unjust and seeking redress. However, the court upheld the EC’s ruling, prompting Bernard Mornah to vow to take the matter to the Supreme Court for further review.
Bernard Mornah’s Reaction to the Verdict
Speaking after the court’s decision, Bernard Mornah expressed his profound disappointment with the ruling, characterizing it as a miscarriage of justice.
“I’m displeased and totally flabbergasted by the decision of the High Court to uphold the Electoral Commission’s disqualification of my person, and the People’s National Convention from participating in election 2024.’’
Bernard Mornah Flagbearer of People’s National Convention (PNC)
He further questioned the motives behind his disqualification, suggesting that there were deliberate efforts to prevent him from contesting. “I don’t know what my presence in the elections, what fear is it for the system that every effort is being made to ensure that I’m not on the ballot?” Said Bernard Mornah.
Bernard Mornah revealed that he had anticipated the unfavorable verdict during the court proceedings.
“As I told my lawyers, halfway through the reading, I sensed that the judge was going to make the kind of conclusions, we must seek a review at the Supreme Court, and that is where I’m heading to now.”
Bernard Mornah Flagbearer of People’s National Convention (PNC)
Court’s Handling of Evidence
Bernard Mornah expressed frustration with the court’s approach to the evidence presented.
“The letter from the [EC] stated that their technical and IT teams identified several errors and omissions. What is your understanding of several errors and omissions?”
Bernard Mornah Flagbearer of People’s National Convention (PNC)
He dismissed one of the allegations that had surfaced, which suggested that one individual had signed for multiple people on his nomination form, calling it “a defined aberration” that did not occur. He insisted, “ Except that the EC deliberately hid those errors and omissions away from me so that they can now come and use that as a basis for which they will disqualify me.”
Bernard Mornah was particularly shocked by the court’s ruling, stating, “I was flabbergasted, totally dumbfounded. The judge said that we needed to be meticulous in the filling of the forms.” He likened the situation to a teacher setting exam questions with mistakes but expecting students to answer perfectly.
“The ECs itself have made mistakes. They were not meticulous in the churning out of the presidential nomination forms and the parliamentary nomination forms.”
Bernard Mornah Flagbearer of People’s National Convention (PNC)
EC’s Own Errors Highlighted
“At a particular point when they wanted to ask about the candidate’s personal records, the EC went to ask of 6 instead of sex. Was that meticulous on the part of the EC?”
Bernard Mornah Flagbearer of People’s National Convention (PNC)
He further criticized the EC for failing to adhere to the same standard of meticulousness that was expected of him. “If you are coming to equity, you come with clean hands,” Bernard Mornah argued, adding, “The EC that is talking about correction of errors or errors on my form also made errors.”
On the Way to the Supreme Court
Bernard Mornah has already taken steps to appeal the decision at the Supreme Court, where he planned to present evidence that challenges the EC’s ruling. “We are going to prove that at the Supreme Court.’’ He charged, noting “You cannot use ocular evidence to identify signatures assuming that the EC was right.’’ He also criticized the EC for presenting outdated documents to the court.
Flaws in the EC’s Process
He lamented; “This is a test that multiparty democracy is being crippled. The PNC, NPP, and NDC are the three surviving political parties since 1992.”
Bernard Mornah further shared his frustration with the laborious and outdated process of gathering physical evidence in the first place.
According to Bernard Mornah, In this age of digitalization and in the advancement that we have, what sense does it make really? The hard copies that the EC is keeping at the headquarters, what are they going to use [them] for? he asked. Meanwhile, Presidential forms can be filled out online and submitted.
In conclusion, Bernard Mornah reiterated his commitment to seeking justice at the Supreme Court and to pushing for electoral reforms that would prevent similar occurrences in the future. Stating “We are certain that this is a case of travesty of justice.”
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