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Thursday, November 21, 2024

NDC files new application to overturn High Court injunction

The National Democratic Congress (NDC) has escalated its legal battle over the recognition of its parliamentary candidate for the Amenfi Central by filing a fresh writ at the Sekondi High Court.

This comes in the wake of a setback on Thursday, October 31, 2024, when the Accra High Court [General Jurisdiction 6] dismissed the NDC’s earlier application for an injunction aimed at halting the Electoral Commission’s (EC) ballot paper printing process and the issuance of the notice of poll for the upcoming parliamentary election in Amenfi Central.

The dispute stems from the EC’s refusal to recognise Joana Gyan Cudjoe as the duly elected NDC candidate for Amenfi Central, despite a previous High Court ruling in Sekondi on May 13, 2024, which had ordered that Cudjoe be acknowledged as the legitimate candidate.

According to the NDC, this refusal by the EC disregards the earlier ruling, which they argue clearly identified Cudjoe as the rightful representative of the party. The situation has led to months of contention between the NDC and the EC, as both sides hold firm to their interpretations of the court’s mandate.

The Accra High Court’s recent dismissal of the NDC’s October 17 injunction application hinged on its interpretation of the pending legal situation. In its ruling, the court noted that the EC’s stance was aligned with other pending orders related to the matter, implying that any immediate action to halt the EC’s printing process would be premature.

However, the NDC has taken issue with this interpretation, asserting that the court’s ruling was based on flawed reasoning. According to the party, the court relied on a previous injunction that they argued should no longer be relevant to the current circumstances.

NDC’s Deputy Director of Elections, Dr Tanko Rashid Computer, clarified the party’s reasoning behind the latest legal filing, explaining that the judge’s interpretation of the standing injunction left them no choice but to challenge it once again in court.

“We heard the ruling alright but quickly, there was a caveat in the ruling, in the sense that the judge was referring to the old injunction that to him is still pending.

“So quickly, we instructed our lawyers to do the needful, I mean, by drafting a writ, a quick one. And fortunately, we were able to file a fresh one at the Sekondi High Court to vacate that whole injunction. And the Electoral Commission was duly served at their office in Takoradi.”

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