Vakpor Bright is still disqualified: On September 12, 2022, presidential candidate Mr. Vakpor Bright filed a petition to the Chief Justice seeking an interlocutory injunction on the continuation of electoral procedures following his disqualification from the presidential race for the 2022/2023 SRC/L-NUGS elections.
Mr. Vakpor was disqualified from running for the office of the president in the upcoming SRC/L-NUGS election, according to the results released by the vetting committee, which the responder disclosed on Thursday, September 1, 2022.
According to the lead legal counsel for the petitioner, Mr. Obeng Gideon stated that the decision by the vetting committee be reversed to allow Mr. Vakpor to contest his position.
An injunction was placed on the ongoing elections on 15th September 2022 and a hearing was scheduled for 22nd September 2022
PETITION ITSELF
a) The electoral commissioner’s basis for disqualifying Mr. Vakpor Bright as in the EC’s letter for
explaining the basis of disqualification with reference UHAS/SRC/EC/22/007 shows only one score sheet.
There were eight (8) members on the panel, we humbly request that the EC must show us the score sheet
of each panelist, and each panelist must expound on and defend marks awarded for the sake of clarity and
satisfaction. The EC shall reverse Mr. Vakpor Bright’s disqualification if explanations turn out to be
unsatisfactory.
b) The SRC constitution is the supreme document adopted by the Student Representative Council to govern its affairs. The electoral commission disqualified Mr. Vakpor Bright on grounds that are in contravention with the SRC Constitution (Chapter 6 article 38).
Additionally, Chapter 1 Article 3 Clause 2 of the SRC constitution gives the decree to any student to apply to the court of justice for a declaration where an act or omission of any group or a decision or resolution of anybody, organization, club union, or association is in contravention with the SRC Constitution.
c) Again “Article 46 Clause C” of the SRC constitution states that “The vetting Committee shall have the
power to disqualify any candidate for any elections under this Constitution ON GROUNDS STATED
ONLY IN THE CONSTITUTION UNDER EITHER CHAPTER SIX OR THE SEVENTH SCHEDULE.”
This Article makes clear the grounds on which the electoral commission can disqualify a candidate. ‘The
80% ground of disqualification’ is not in line with the SRC constitution, and therefore, the seventh schedule adopted contradicts Chapter 6 article 38 of the UHAS SRC constitution.
d) The Electoral commission after disqualifying Mr. Vakpor Bright called for a clandestine meeting on
September 6th, 2022, with Mr. Vakpor Bright and tried to coax him into accepting his disqualification. This action undermines the entire vetting and Electoral process. This action by the EC raises great concerns about the unjust dealings in the entire vetting process. If truly, the Electoral Commission had legitimately done its job by the constitution, why then would the EC chair call for a meeting to coax Mr. Vakpor Bright into accepting his disqualification?
After a long night of deliberations, the court came out with its judgment
JUDGEMENT
1. The bench agrees with the initial decision of the Vetting Committee to disqualify Mr. Vakpor Bright based on the CI which was annexed to the constitution and approved by the SRC Parliament. This means that he is still not allowed to contest in the ongoing SRC/L-NUGS election 2022.
2. The Electoral Commission is ordered to pay a fine of 700.00 GHC; the Chairperson pays GHC 300.00 and the 2nd Deputy and the EC member who sat on the panel pay GHC 200.00 each for desertion found by the justices. This should be paid to the Clerk of the SRC Court of Justices by 5th October 2022. (more details soon…)
