Another injunction application hits NDC primaries, party officials say they have not been served

12th May 2023

NDC new executives 2022

A member of the National Democratic Congress (NDC), Edgar Asamoah Boateng is seeking a High Court order to prevent the party’s presidential and parliamentary primaries from taking place on Saturday, May 13, 2023.

In his statement of claim, the plaintiff, a party member in Abuakwa North, expressed his surprise at what he sees as lack of a voters’ register being provided to his representatives, as well as to all other aspirants, including presidential contenders.

He alleges that the lack of an adequate photo album of qualified voters has caused significant animosity and hostility within the party.

This comes hours after an Accra High Court struck out Dr Kwabena Duffour’s injunction application against the National Democratic Congress (NDC)’s presidential and parliamentary primaries.

It followed an application by his lawyers to have the case withdrawn.

Dr Duffuor’s campaign team had alleged it has not been furnished with an accurate list of persons who are supposed to participate in the May 13, Presidential and Parliamentary polls.

The request was made in court earlier in the day when the case was called for hearing.

There was no opposition from NDC’s legal team and that of the Electoral Commission (EC).

Today, Edgar’s lawyers are praying the court for “an order of interlocutory injunction to restrain the Defendants/Respondents, its officers or agents or otherwise howsoever from holding the primary elections for the Nomination of Presidential and Parliamentary Candidates of the National Democratic Congress Party on 13 May 2023 pending the determination of the suit herein as per grounds deposed to in the accompanying affidavit and for any further orders the Honourable Court may deem fit.”

Below is the statement of claims:

Plaintiff is a citizen of Ghana, a card bearing member of the National Democratic Congress, a registered political party in Ghana.

Plaintiff is also currently contesting Parliamentary Primaries Election of the 1st Defendant party

Plaintiff also says his NDC party card number is F240540024 and is a member of the Abuakwa North Branch of the 1st Defendant party.

The 1st Defendant is a Registered Political Party in Ghana.

The 2nd Defendant is the elected General Secretary of the ‘National Democratic Congress (NDC) and De Facto chief Executive Officer of the 1st Defendant Party.

The 3rd Defendant is the Chairman of the 1st Defendant Party.

The 4th Defendant has the mandate under the 1992 Constitution of Ghana to manage the conduct of all public Elections and referenda including all elections organized by the 1st Plaintiff says that the constitution of the 1st Defendant requires the party to elect Presidential and Parliamentary Candidates at least twenty-four (24) months to the next General Election if the President of Ghana is not a member of 1st Defendant and if the Member of Parliament in a particular constituency is not a member.

Plaintiff says that the 1st Defendant has not been able to meet the enshrined constitutional deadlines in its constitution for the 2024 general has had to reschedule the elections to 13th May 2023.

Plaintiff says the failure to meet the constitutional deadlines was because of 1st Defendant’s own inefficiencies.

The Plaintiff says that he and other members of the Party from various parts of the Country filed their Nominations and were approved to contest for to be the 1st Defendant’s nominees for the Presidential and Parliamentary General Elections to be held in December 2024.

The Plaintiff adds that upon conclusion of the vetting process the members such as himself and others including the former President of the Republic were assured that all Parliamentary candidate aspirant and Presidential Candidate aspirants would be given a proper voters register devoid of all duplications, errors and dubious entries to enable all candidates partake in a free and fair election.

Plaintiff avers that particularly the 2nd Defendant assured that all candidates would be given a photographic register to enable all eligible voters to be easily identified at the election by polling agents and election officers.

The Plaintiff adds that copies of the Photo Album Register of eligible voters for the internal elections be made available at least one month before the impending internal elections to afford both Presidential and Parliamentary aspirants an opportunity to verify the accuracy of the voters register in all the branches within the two hundred and seventy-five (275) constituencies of the party as part of the processes to ensure free, fair and credible internal elections on 13th May, 2023.

The Plaintiff repeats the averment in the preceding paragraph 13 of the Statement of claim hereof and adds that this measure is in compliance with best practice in modern democratic elections to ensure that the Photo Album register is complete, accurate and enhance free and fair elections and reduce disputes over election results and same is consistent with the aims and objectives of the National Democratic Congress as enshrined in Article 7 of the party’s constitution.

The Plaintiff says that the 4th Defendant in all public elections it conducts relies on this practice.

The Plaintiff adds that to his surprise, the 1st and 2nd Defendant’s have failed to provide the voters register to his (Plaintiff) representatives and all other aspirants including Presidential Aspirants.

Plaintiff says that the failure to provide a proper photo album of eligible voters has caused a lot of rancor and acrimony in the party.

Plaintiff says that as a result of the rancor and acrimony referred to above some members of the party who are also aspirants have taken legal action against the party.

Plaintiff says that all attempts to obtain a proper phot register or album has fallen on deaf ears and all indications are that the impending internal party elections would be a disaster.

Plaintiff says the 1st Defendant itself has been giving conflicting directives on the issuance of a register and is fueling the uncertainty surrounding the credibility of the impending elections.

The Plaintiff maintains that the 1st and 2nd Defendants reluctance to provide a complete and credible Photo Album Register ahead of time to the Presidential and parliamentary aspirants for verification smacks of a plan to create undue advantage for manipulation of the presidential and parliamentary primaries.

WHEREFORE the Plaintiff claim against the Defendants as per the endorsement to the writ of summons.

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