Injunction on NDC flagbearer election:Plaintiffs agree to out of court settlement

Two individuals who obtained an interim injunction on the upcoming National Democratic Congress (NDC) conference to elect a flag bearer, have agreed to settle the issue out of court with the party.

Counsel for the NDC, Mr Samuel Cudjoe, told the Accra High Court that the parties were negotiating to reach a settlement.
He, therefore, prayed the court to adjourn the case to enable the parties to agree on the settlement and file the terms of settlement to be adopted as the judgement of the court.

The court, presided over by Mrs Justice Georgina Mensah-Datsa, adjourned the case to Thursday, January 17, 2018 to allow the two parties conclude on the negotiations and file it at the court.
Albdallah Issah, a branch Communication Manager and James Kabu Nartey-Oman, a branch Secretary in the Bortianor/Ngleshie Amanfro Constituency of the NDC, sued the NDC as an entity over some of its decisions, including the eligibility criteria for applicants.

The writ, which was issued on December 18, 2018, is seeking a number of reliefs, including a declaration that the published guidelines for the conduct of the presidential election by the NDC in 2019 was null and void, ultra vires according to the NDC constitution, 1992.

The applicants are also seeking a declaration that the introduction of certain eligibility criteria as conditions precedent for presidential candidates, as part of the said guidelines provoke the letter and spirit of the NDC Constitution, are unlawful.
They also want the court to declare that the procedure adopted by the NDC via the National Executive Committee (NEC) in the preparation and presentation of the guidelines, together with the amendments without prior consultation of the National Council of Elders, are unlawful.

A further declaration that the usurpation by the Functional Executive Committee of the powers and responsibilities of the National Executive Committee in respect of the guidelines for the conduct of the presidential elections is unconstitutional.

An order directing the NDC to conduct its 2019 presidential election in a free, fair, transparent and inclusive manner in accordance with the NDC constitution and the canonal tenets of free and fair elections is also being sought.

They also want the court to restrain the NDC, its committees and agents from proceeding with the 2019 presidential election in the manner outlined in the said published guidelines and amendment until the final determination of the suit.

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