The High Court in Accra has refused an application for interlocutory injunction filed by the National Democratic Congress (NDC) against the Electoral Commission (EC) over the Amenfi Central Parliamentary election.
The application was filed following the EC’s decision to disqualify the party’s parliamentary candidate (PC) for Amenfi Central, Joana Gyan Cudjoe.
But, the High Court in Accra presided over by Justice George Aikins Ampiah-Bonney (Jnr) on Thursday, October 31, 2024 refused the application and directed the parties to go back to the Sekondi High Court.
It would be recalled that on May 13 last year, Ms Gyan Cudjoe was elected PC for Amenfi Central, which was contested with a lawsuit at the Sekondi High Court after it temporarily restrained her from being the PC on the ticket of the party.
The NDC appealed the earlier injunction placed on the elected PC and was given July 17 by the Sekondi Court of Appeal to hear the matter but were later informed by the Court that it would resume sitting in October this year following the legal vacation.
The NDC Functional Executive Committee took a decision and annulled the said election, whose outcome was contested, resulting in the injunction on the winner to allow for a fresh election on September 8 this year.
Ms Cudjoe won the rerun of the election supervised by the EC in a contest against the incumbent MP, Peter Kwakye-Ackah.
The NDC said it adhered to every legal requirement, with the EC also being part of every step the party took in conducting and declaring Ms Gyan Cudjoe as the parliamentary candidate of the NDC at Amenfi Central.
But, Ms Cudjoe was disqualified with the Party filing for an interlocutory injunction against the EC from printing the ballots.
Ruling
Ruling on the Application on Thursday, October 31, Justice Ampiah-Bonney (Jnr) said, it is the considered view of the Court that the matter ought to be before the Sekondi High Court.
The Court fault the EC for going to supervise the second election by the NDC at Amenfi Central and that conduct amounts to disrespect of the order by the Court.
The Court observed that the NDC had appealed to the Court of Appeal and so the case at the Sekondi High Court is still pending and therefore, the Instant suit is unnecessarily duplicitous.
Justice Ampiah-Bonney (Jnr) said the Grant of the injunction will render useless the orders of the Sekondi High Court.
Secondly, the Court said, the injunction must be fair and equitable to all the parties and that – the plaintiff should not have come on the blind side of the original Plaintiffs in the Sekondi High Court.
The Court said the Original Plaintiff – the incumbent MP Peter Kwakye-Ackah ought to have been joined.
The Court said, it has examined the undisputed facts and concludes that Amenfi Central cannot be restrained from exercising their right in electing a parliamentary candidate.
Consequently, the Court said, the application cannot be foreseen and “I refuse the application and ask the applicant herein to place all the matters herein before the Sekondi High Court.”
The effect of the ruling means that, the EC has not been restrained and the matter should go back to the Sekondi High Court.
Source: www.kumasimail.com
