He insisted on Day two of the High Court hearing that Nii Ayikoi Otoo, counsel for Dr. Paa Kwesi Nduom should have filed a petition and not a certiorari or writ.
The EC's counsel launched the attack on procedure minutes into the oral submission of Nii Ayikoi Otoo as he talked about reliefs his client is seeking from the court.
Thaddeus Sory raised preliminary objections which he wanted Ayikoi Otoo to address. "There is a procedure that must be followed,they must come by a petition not review", he said.
But counsel for Dr. Paa Kwesi Nduom replied that Thaddeus Sory has misunderstood the CI, the law governing elections.
"We cannot come by a petition when there has not been an election," he pointed out.
He argues that a plaintiff comes by a petition when there has been an election but their application is simply seeking a court order, quashing the EC's decision.
Presiding judge Kyei Baffour interjected that "what you keep quoting, deals with when there has been an election". But Sory replied that "that's just one way of looking at it" and proceeded to quotes more laws and regulations to support his case.
Thaddeus Sory whose game plan appeared to hinge on raising technical objections, persisted. He soon interjected that Ayikoi Otoo did not add grounds for his suit against the disqualification to the motion paper.
But irritated by the objection, Ayikoi Otoo said lawyer Sory's argument does not make sense and challenged the EC's legal counsel to show a single legal precedent to to back his position.
Ayikoi Otoo quoted a ruling by justice Darteh-Baah that said an aggrieved party may not be thrown out on technical grounds.
Ayikoi told Thaddeus Sory "my friend you should try and catch up. We are here for serious business, am surprised u are raising such objections"
The court adjourned and is expected to sit Friday to deliver a judgment on the political ambition of Dr. Paa Kwesi Nduom who has been described as a king-maker in the 2016 presidential elections.
With 50% plus one vote needed to win the elections, a margin improvement of Nduom's 1.3% he garnered in 2012 presidential elections could push the crucial contest into a run-off between the governing NDC and the main opposition NPP.
The PPP has however signalled that it is in the presidential race to win and not to help.
Source:myjoyfmonline.com
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