Court places injunction on NDC flagbearer election

An Accra High Court has placed an interim injunction on the upcoming election by the opposition National Democratic Congress (NDC), aimed at selecting a flagbearer for Election 2020.

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.

The Accra High Court on Tuesday afternoon granted the interim injunction.

Among the reliefs the plaintiffs are seeking 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. 

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According to the programme of activities published by the party, after the filing, aspirants will be vetted between 21st and 22nd December, 2018, followed by balloting on 22nd December, 2018.

Between 22nd and 24th December, 2018, the party will receive appeals, if any, before homing in for the presidential primaries on Saturday, 26th January, 2019.

NDC Presidential Primaries Time Table

Filing of nomination - 17th – 18th December, 2018
Vetting - 21st – 22nd December, 2018
Balloting - 22nd December, 2018
Appeals - 22nd – 24th December, 2018
Primaries - 26th January, 2019.

Writer's email: enoch.frimpong@graphic.com.gh 

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