Court Stops NDC Presidential Primaries

An Accra High Court had granted an interim injunction challenge the processes in the led up to the National Democratic Congress (NDC) upcoming presidential primaries.

The plaintiffs-James Kabu Nartey and Abdallah Issah hauled the party before the court challenging essentially the rules and guidelines for the primaries.

They 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 two had questioned portions of the guides that stipulated that a person vying for any position in the party must be 10 years old in the party insisting the position in contrary to the 1992 constitution.

The duo had also argued that the caveat was not going to create a level playing field for the candidates.

They also made arguments against the party’s filing and nomination fees which generated a huge controversy, indicating in their suit that the guidelines violate the country’s 1992 constitution.

The court presided over by Georgina Mensah Datsa upheld the averments of the plaintiffs, granting the interim injunction.

The court in its order said the NDC “their committees, agents, private servants or authorized bodies and all persons acting through them be restrained from proceeding with the NDC 2019 Presidential Elections in the manner outlined in the guidelines as amended or at all until the final determination of the suit.”

The court said, the injunction is for the next 10 days after which the plaintiffs could reapply for a notice to halt the election process.

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.

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.

By: Jeffrey De-Graft Johnson