An Accra High Court, Criminal Division has thrown out the case involving Marricke Kofi Gane and the Electoral Commission (EC).

Marricke Kofi Gane was seeking to contest the 7th December Presidential elections as an independent candidate but was disqualified by the EC for alleged case of forgery and improprieties.

The court presided over by Justice El-Freda Denkyi posits that the Applicant had no equitable rights that must be protected by granting his application to set aside the decision of the EC by Certiorari.

His application was also thrown out as from October 29 when his application was filed it was 10 days after his disqualification and with 14 days to the election his case was up for hearing on November 23.

According to the court, granting his application will be a breach of the constitutional mandate as Ghanaians would be denied the rights to choose who rules the nation.

The court further added that the applicant was not deserving of any of the reliefs he was seeking as the Electoral Commission had printed the ballot sheets and also made all provisions for the December 7 General Election.

Marricke Kofi Gane was seeking for an order of Certiorari to quash the EC’s decision to disqualify him.

He was ask so 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.

Background

The Electoral Commission (EC) on Monday 19th Ocotober 2020 announced that 12 out of 17 aspirants had been cleared to contest the 2020 Elections.

Five others, including Mr Kofi Gane were disqualified based on technical grounds.

According to the Chairperson of the EC, Mrs Jean Mensah, the handwriting and signatures of different supporters of Mr Gane followed the same pattern and investigations by the Criminal Investigations Department (CID) of the Ghana Police Service confirmed that the signatures were forged.