Court places injunction on NDC elections
The National Democratic Congress (NDC) quest to select a leader for the 2020 elections has suffered another setback as an Accra High Court on Tuesday placed an interim injunction on the upcoming election.
Already, seven aspirants have filed their nominations at the Party’s headquarters to contest for the flagbearer position come January 26, 2019.
The interim injunction followed the filing of a suit by two members of the NDC in Accra, who are claiming that the guidelines for the conduct of the election which has been introduced by the National Executive Committee (NEC) of the party, were against the September 1992 constitution of the NDC.
The plaintiffs, Abdallah Issa from Galelia and James Kabu Natey-Oman from Old Bortianor, applied for the injunction to restrain the party and its committees, agents and authorised bodies from proceeding with the 2019 Presidential Election in the manner outlined in the said published guidelines until a final determination of the suit.
Among the reliefs, the plaintiffs are seeking to include a declaration that the guidelines published by the NDC for the presidential election is “null and void” and that it was “ultra vires” to the September 1992 constitution of the NDC.
They also want the court to declare 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 and are unlawful.
In addition, they are seeking a declaration 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 declaration that the usurpation by the Function Executive Committee of the powers and responsibilities of the National Executive Committee in respect of the guidelines for the conduct of the Presidential Elections in unconstitutional,” it added.
They also want the court to order the NDC to conduct the 2019 Presidential Elections in a free, fair transparent and inclusive manner in accordance with the NDC constitution.
According to the programme, after the filing, aspirants would be vetted between December 21st and 22nd, followed by balloting on December, 22nd.
Between December 22nd and 24th, the party will receive appeals, if any, before coming in for the presidential primaries on Saturday, January, 26th.