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Court strikes out suit challenging NDC’s flagbearership election

BY: Emmanuel Ebo Hawkson
General Secretary of the NDC, Johnson Asiedu Nketia
General Secretary of the NDC, Johnson Asiedu Nketia

The Accra High Court has struck out a suit challenging the planned election by the National Democratic Congress (NDC) to elect a presidential candidate.

This follows an agreement between the NDC and the plaintiffs - Albdallah Issah, a branch Communication Manager and James Kabu Nartey-Oman, a branch Secretary in the Bortianor/Ngleshie Amanfro Constituency of the NDC, to settle the matter out- of- court.

Counsel for the NDC, Mr Samuel Cudjoe, informed the court on Thursday that the two parties agreed on the terms of settlement on January 14, 2019’ and subsequently filed it at the court today.

He prayed the court to adopt it as consent judgement.

Lawyer for the plaintiffs, Mr Christopher King, submitted that his clients had indeed agreed to the terms of settlement and were willing to discontinue the case.

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The court, presided over by Mrs Justice Georgina Mensah-Datsa, adopted the terms of settlement as consent judgement and struck out the suit as withdrawn.

Suit

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The plaintiffs 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, sought  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 also wanted 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 further wanted 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.