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RADP / Pulse Ghana  >  news  >  politics

EC reveals official reasons for disqualifying 12 aspirants

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The Chair of the EC, Charlotte Osei said the disqualified aspirants did not meet the criteria for filing as president.

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Those disqualified include flag bearer of the All People’s Congress (APC), Hassan Ayariga; Dr Edward Mahama of the People’s National Convention (PNC); Dr Agyenim Boateng of the United Front Party (UFP); Kofi Akpaloo of the Independent People’s Party (IPP); Kwabena Adjei of the Reformed Patriotic Democrats (RPD); and Dr Papa Kwesi Nduom of the Progressive People’s Party (PPP).

The others include: Dr Henry Herbert Lartey of the Great Consolidated Popular Party (GCPP); Mr Richard Nixon Tetteh (United Development Systems Party); Nana Konadu Agyeman-Rawlings of the National Democratic Party (NDP); Thomas Ward-Brew of the Democratic People’s Party (DPP); Alfred Kwame Asiedu Walker, an independent candidate, and Akua Donkor of the Ghana Freedom Party (GFP).

Mr Akwasi Addae Odike of the United Progressive Party’s nomination is on hold pending a court case

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Below are the official reasons for disqualification:

RECEIPT OF NOMINATIONS FOR 2016 PRESIDENTIAL ELECTIONS

  • The 1992 Constitution
  • Public Elections Regulations 2016 (CI 94)
  • Representation of the People’s Law, 1992 (PNDC Law 284)
  • Presidential Elections Law, 1992 (PNDC Law 285).

The Nomination Form is presented by the candidate seeking public office to the Electoral Commission. It contains important personal details about the candidate and enables the Commission satisfy itself that candidates meet the qualifying criteria under the law.

For instance, presidential and vice presidential candidates are required by the Constitution to be citizens of Ghana; registered voters; at least 40 years old; and eligible to contest for Parliament. In addition, candidates are required to swear to a statutory declaration attesting to their eligibility to stand for office and the accuracy of the details provided in the nomination forms.  Consequently, a false statement made in the nomination form has legal consequences.

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On submission of the forms by the nominees, the Electoral Commission is obliged under law to check that the facts providedon the nomination forms are correct, and that the forms have been properly signed by the required number/s of registered voters.

Clearly, the process of nomination, receipt and acceptance of nomination is a very critical part of the electoral process and the Commission has continually urged prospective candidates to take this process seriously.

  • On the 8day of September 2016, prospective candidates were informed that forms were available at the offices of the Electoral Commission for persons seeking to be elected to the office of President. The Commission also announced the filing fees for presidential and parliamentary candidates for this year’s elections.
  • On the 23 of September 2016, the Electoral Commission launched a publication – ‘A Guide to Candidates and their Agents’ for the 2016 elections.
  • On 26 September 2016, the Commission again issued a press release to all candidates reminding them of their duty to take the nomination process seriously, and ensure compliance with the requirements of the Law.
  • On September 27, 2016, the Commission was served with an application filed by a political party seeking an injunction restraining the Commission from receiving the published filing fees. The Commission had prior to this been served with court processes challenging the processes and basis for the filing fees announced by the Commission.
  •  On September 29 and 30, 2016, between 9 am and 12 noon and 2 to 5pm, the Commission received nominations presented by candidates or their representatives throughout the country; excluding the filing fees in most instances. Some candidates who submitted their forms early had the added benefit of the Commission being able to point out obvious errors or omissions on their forms, which enabled them to correct said errors or omissions within the nomination period, as specified by law.
  • On October 7, 2016, the court dismissed the injunction seeking to restrain the Commission from receiving filing fees. This cleared the way for the Commission to receive the filing fees and complete the nomination process.
  • Today, following the receipt of filing fees, the Commission can now finalize the nomination process and declare which nominations have been accepted for the parliamentary and presidential elections of December 2016.

The Commission may disqualify a candidate if one of these requirements is not met.  For instance:

Prior to the close of nominations on the 29 and 30 September, candidates whose nomination forms had obvious errors and who submitted early enough, were called by the officers of the Commission and given the opportunity to correct obvious errors or omissions on their nomination forms. The Law permits such corrections only within the nomination period hence our earlier call on candidates to submit as early as possible.

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Following the receipt of nomination forms last week, and the payment of filing fees earlier today, the EC is now in a position to announce candidates whose nominations have been accepted by the Electoral Commission having met the afore stated requirements.

The Commission is unable to accept Dr. Ayariga’s nomination for the following reason:

a. The candidate did not provide evidence on his statutory declaration as to his hometown or residence in the constituency as per the legal requirements.

b. Two subscribers to Dr. Ayariga’s nominations also subscribed for another presidential candidate. This is in breach of Regulation 7(4) of CI 94.  The implication is that the two subscribers are disqualified and therefore, Dr. Ayariga does not have the requisite number of subscribers under Regulation 7(2) (b) of CI 94.  The details of the duplicate subscribers are as follows:

  • Abaako Issifu (page 103)
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Voter ID number 2988006876

PS code: J110202

  • Abudu Ayuba(page 95)

Voter ID number 6303005554

PS code: H200201

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In addition, the signatures of both voters are different on the two nomination forms. This raises questions as to the legitimacy of those signatures.

We will refer the matter of the possible forgeries of these signatures to the Ghana Police Service and the Attorney General for investigation and prosecution in line with the following sections of the Criminal Offences Act, 1960 (Act 29):

Section 211: Perjury

Section 248: making false declaration etc. for office or voting;

Section 251: Deceiving a public officer

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Section 256: Corruption, Intimidation and personation in respect of election

The Commission is unable to accept Dr. Mahama’s nomination for the following reasons:

Voter ID number 2988006876

PS code: J110202

Voter ID number 6303005554

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PS code: H200201

As stated earlier, the signatures of both voters are different on the two nomination forms. This raises questions as to the legitimacy of those signatures.

We will refer the matter of the possible forgeries of these signatures to the Ghana Police Service and the Attorney General for investigation and prosecution in line with the following sections of the Criminal Offences Act, 1960 (Act 29):

Section 211: Perjury

Section 248: making false declaration etc. for office or voting;

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Section 251: Deceiving a public officer

Section 256: Corruption, Intimidation and personation in respect of election

It is important to point out that a simple tick does not satisfy the requirements of the law for where a mark is made in lieu of a signature or thumb print.

A mark in law is “an X made by a person who is illiterate or too weak to sign his/her full name.” According to the Free Law Dictionary, “On the rare occasion that this occurs, the “X” should be within or next to2  `1 a notation” indicating the person’s name or formally witnessed by another person to make the mark valid.  Accordingly, the Commission is unable to accept mere ticks, which have not been properly, witnessed as legitimate marks made by voters subscribing to Dr. Mahama’s forms.

In conclusion, Dr. Mahama does not have the requisite number of subscribers required under Regulation 7(2) (b) of CI 94 and his nomination cannot therefore be accepted.

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The Commission is unable to accept Dr. Boateng’s nomination because the number of his subscribers do not meet the minimum required under Regulation 7(2) (b) of CI 94.

The details are as follows:

Further, the Subscriber has differentsignatures on both candidates’ nominations raising questions as to the legitimacy of the signature on both forms.

Voter ID no: 1270013632

Polling station code: D091201

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Voter ID no: 1270012857

Polling station code: D091201

Voter ID no: 3703013114

Polling station code: F310202

We will refer the matter of the possible forgeries of these signatures to the Ghana Police Service and the Attorney General for investigation and prosecution in line with the following sections of the Criminal Offences Act, 1960 (Act 29):

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Section 211: Perjury

Section 248: making false declaration etc. for office or voting;

Section 251: Deceiving a public officer

Section 256: Corruption, Intimidation and personation in respect of election

The Commission is unable to accept Mr. Akpaloo’s nomination because the number of subscribers to Mr. Akpaloo’s forms did not meet the requirements of Regulation 7 (2) (b) of CI 94. The details are as follows:

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These are:

Voter ID no: 1270013632

Polling station code: D091201

Voter ID no: 1270012857

Polling station code: D091201

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Voter ID no: 3703013114

Polling station code: F310202

We will refer the matter of the possible forgeries of these signatures to the Ghana Police Serviceand the Attorney General for investigation and prosecution in line with the following sections of the Criminal Offences Act, 1960 (Act 29):

Section 211: Perjury

Section 248: making false declaration etc. for office or voting;

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Section 251: Deceiving a public officer

Section 256: Corruption, Intimidation and personation in respect of election.

The Commission is unable to accept Mr. Adjei’s nomination because the number of subscribers to his forms did not meet the requirements of Regulation 7 (2) (b) of CI 94. The details are as follows:

Twosubscribers to Mr. Adjei’s forms are not registered voters as they are on the Exclusion List for multiple registrations. Details are:

  • Stephen Owusu (2012/2014) with voter IDs 2643005586 &  1490019583
  • Fusheini Mariama/ Abdulai Mariama (4.2012/3. 2012) with voter IDs  2643005586 & 1490019583
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We also call on the Ghana Police Service to investigate the named individuals for the electoral offence.

The Commission is unable to accept Dr. Nduom’s nomination because the number of subscribers to his forms did not meet the requirements of Regulation 7 (2) (b) of CI 94. The details are as follows:

  • One subscriber Richard Aseda (‘Asida’ on the Voters’ Register), with Voter ID no 7812003957)endorsed the forms in two different districts (pages 21 and 39).

The subscriber was found to be on the Voter’s Register in one district thereby disqualifying his second subscription and reducing the total number of subscribers to below the minimum required by the Law.

The same subscriber (Richard Aseda (‘Asida’) endorsed the form with different signatures in both portions of the nomination form. This raises questions as to the legitimacy of one or both signatures.

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We will refer the matter of the possible forgery of the signature(s) to the Ghana Police Service and the Attorney General for investigation and prosecution in line with the following sections of the Criminal Offences Act, 1960 (Act 29):

Section 211: Perjury

Section 248: making false declaration etc. for office or voting;

Section 251: Deceiving a public officer

Section 256: Corruption, Intimidation and personation in respect of election.

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7. Dr. Henry Herbert Lartey- Great Consolidated Popular Party (GCPP)

The Commission is unable to accept Dr. Lartey’s nomination because the number of subscribers to his forms did not meet the requirements of Regulation 7 (2) (b) of CI 94. The details are as follows:

Further, the said subscriber has different signatures on both candidates’ nominations raising questions as to the legitimacy of both signatures.

We will refer the matter of the possible forgeries of these signatures to the Ghana Police Service and the Attorney General for investigation and prosecution in line with the following sections of the Criminal Offences Act, 1960 (Act 29):

Section 211: Perjury

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Section 248: making false declaration etc. for office or voting;

Section 251: Deceiving a public officer

Section 256: Corruption, Intimidation and personation in respect of election.

8.  Richard Nixon Tetteh  - United Development Systems Party

The Commission is unable to accept Mr. Tetteh’s nomination because the number of subscribers to his forms did not meet the requirements of Regulation 7 (2) (b) of CI 94.

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The nomination forms were improperly filled and almost all subscribers to Mr. Tetteh’s forms have invalid voter ID numbers.

The candidate did not also pay the filing fee within the stipulated timeline.

9. Mrs. Nana Konadu Agyeman-Rawlings- National Democratic Party

The Commission is unable to accept Mrs. Rawlings’ nomination because the number of subscribers to her forms did not meet the requirements of Regulation 7 (2) (b) of CI 94.

  • One subscriber on page 89 of her nomination formsis not a validly registered voter and illegally registered twice and so is on the Exclusion list of multiple voters. Details are:
  • Salifu Abdulai
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District: Nanumba South

Voter ID no: 6617004814 (28.3.2012)

Voter ID no: 2126900022 (04.8.2014).

The Commission is unable to accept Mr. Ward-Brew’s nomination for the following reasons:

  • His forms were improperly completed and Candidate’s particulars were not provided (page 1). The candidate did not provide his voter ID number and the Commission is unable to ascertain whether the candidate is a registered voter and therefore eligible for the office of President.
  • The Statutory Declaration by the candidate is not signed and candidate’s details missing from statutory declaration (pages 112 and 113). However, the same statutory declaration has been signed by the Commissioner of oaths. This is illegal and unethical.
  • The Signature of the Vice presidential candidate is missing (page 112)
  • The Voter ID number of the Vice Presidential candidate has not been provided and so the Commission is unable to ascertain whether the Vice Presidential candidate is a registered voter and eligible to stand as a candidate for that office.
  • The number of subscribers to Mr. Ward-Brew’s forms did not meet the requirements of Regulation 7 (2) (b) of CI 94.
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Details as follows-

a.      Yaa Yeboaa

Voter ID no; 3462001504

b.      Anthony Boamah

Voter ID no: 3462002159

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Page 10: Thumbprints for even headmastersand teachers and Researchers and pastors (page 74).

vii.              The candidate did not also pay the filing fee within the stipulated timeline.

We will refer the matter of the possible forgeries of these signatures to the Ghana Police Service and the Attorney General for investigation and prosecution in line with the following sections of the Criminal Offences Act, 1960 (Act 29):

Section 211: Perjury

Section 248: making false declaration etc. for office or voting;

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Section 251: Deceiving a public officer

Section 256: Corruption, Intimidation and personation in respect of election.

11. Alfred Kwame Asiedu Walker – Independent candidate

The Commission is unable to accept Mr. Walker’s nomination for the following reasons:

  • Mr. Walker’s forms were improperly filled and contained several irregularities.
  • There are invalid endorsements and signatures of subscribers are missing from pages 82-84, 99, 100.
  • Personal records of Vice Presidential candidate were not provided (page 112)
  • The Candidate’s Statutory Declaration was not completed and not signed by the candidate.
  • The Candidate’s Voter ID number and Polling station were details not provided
  • The Voter ID details and polling station for vice presidential candidate were not provided. Therefore the Commission was unable to confirm the eligibility of the nominee vice president for the office.
  • The Consent to nomination was not signed by both Presidential and Vice Presidential candidates.
  • The Vice presidential candidate did not signhis personal record form.
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The Commission is unable to accept Madam Donkor’s nomination for the following reasons:

  • Her form was improperly filled.
  • The Consent to candidacy by the candidate and Vice president nominee were not signed.
  • Residential addresses and polling station details of several subscriberswere not provided (pages 68, 79, 80, 81,82, 83, 84)
  • Same signatures with different names (Pages 48, 49, 50, 51, 52, 53, 54,55, 56, 57, 58 & 59)
  • Three different signatures provided on the forms for the Presidential candidate
  • Vice Presidential candidate not qualified on basis of provided date of birth of October 15, 1998. The details of the vice presidential candidate were also omitted on the personal record form
  • The candidate’s Statutory Declaration was incomplete

13. Akwasi Addai Odike – United Progressive Party

The Commission has been served with court processes challenging the membership and candidacy of Mr. Akwasi Addai Odike by some members of the United Progressive Party.  The processes seek to restrain the Electoral Commission from issuing, accepting and registering Mr. Odike to contest the 2016 presidential election as the flag bearer of the UFP.

The Commission is therefore unable to accept Mr. Odike’s nomination forms until the matter in court has been concluded. We hope that Mr. Odike and the UPP would resolve the matter by October 14, 2016; after which date the Commission would be unable to process the nomination.

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Accepted Nominations

The following nominations have been accepted by the Electoral Commission (in order of submission):

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