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Election 2020: High Court dismisses Kofi Gane suit against EC

The Criminal Division of the Accra High Court has dismissed the application filed by Marricke Kofi Gane to quash his disqualification from the December 2020 election as an Independent Presidential candidate.

Marricke Kofi Gane

The court presided over by Justice El-Freda Denkyi, ruled that the application by Mr. Gane has no equitable or legal rights that the court must protect by way of granting his application.

The court argued that from October 29 when the applicant filed his case, it was 10 days after his disqualification and 14 days to the election when the case came up for hearing on November 23.

The court said granting the application will breach a constitutional mandate and the public would be denied their rights to chose their leader.

The court said the applicant does not deserve any of the reliefs he sought and also the fact that all provisions have been made by the EC ahead of the elections, hence dismissed the application.

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The applicant who was one of the candidates disqualified from the race by Electoral Commission (EC) on grounds of alleged forgery was seeking an order through Certiorari.

Not satisfied with the decision, he filed an application for Certiorari in the nature of judicial review, asking the High Court to invoke it’s supervisory jurisdiction against the EC’s decision to disqualify him from the 2020 polls.

The applicant through his lawyer Nurideen Saeed was seeking for an order of Certiorari to quash the EC’s decision to disqualify him.

He was asking the court to order the EC to allow him time to correct all the infractions he was said to have committed.

The applicant was also seeking for an order compelling the EC to include his name on the presidential ballots and also stop the EC from going ahead to print the ballots until his name is included.

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