The counsel for the Electoral Commission (EC) yesterday filed a motion at an Accra High Court demanding that Justice Eric Kyei Baffour hearing the case involving them and the National Democratic Party (NDP), recuse himself.
According to the counsel, Mr. Thaddeus Sori, the same judge heard Dr. Papa Kwesi Nduom’s case and ordered the Commission to afford him an opportunity to amend his nominations forms.
He contended that Justice Baffour had already made his mind on whether or not the EC had a nomination period.
According to Mr. Sori, the judge held that the commission did not set a nomination period and that Dr. Nduom should be made to correct his error.
He was of the view that all the other candidates, including the NDP, were in court arguing that there was no nomination period, and that they should be given an opportunity to amend their nomination forms.
With this, the counsel believes that for a judge who has already made his mind on these same issues, there would not be fair trial in the NDP case, adding that ‘the judge cannot have a fair and independent mind hearing the case”.
He, therefore, prayed for another judge to take over the case.
The judge had on Tuesday, ordered both counsel for the EC and the NDP to file their statements of case by today.
That, he said, would allow the court to hear their oral submissions tomorrow.
By Edem Mensah-Tsotorme