Joana Gyan Cudjoe
The opposition National Democratic Congress (NDC) has hinted of fighting back the Electoral Commission (EC) for disqualifying its parliamentary candidate for the Amenfi Central Constituency, Joana Gyan Cudjoe.
The General Secretary of the NDC, Fifi Fiavi Kwetey, who announced this at a press conference yesterday in Accra, described the EC’s decision as a baseless attempt to undermine the democratic principles of the country.
He said the party, therefore, took the decision to court and has already served the EC on the motion for an interlocutory injunction which will quash the Commission’s decision.
“The court documents have been filed and we have secured an injunction to restrain the Electoral Commission from printing ballot papers, from issuing 12 notices of poll, and from taking any further steps toward the election in Amenfi Central until this matter is fully resolved,” he stated.
“The NDC will not accept this decision. We will fight it in the courts, we will fight it in the public arena, and we will fight it in every forum available to us. We will not allow this abuse of power to go unchecked. The rights of our candidate, the will of the people of Amenfi Central, and the future of our democracy demand nothing less. This is a war we did not choose, but one we will fight to the bitter end,” he added.
The EC, in a statement issued on Thursday, October 10, disqualified Joana Gyan Cudjoe, the NDC parliamentary candidate (PC) for the Amenfi Central Constituency in the Western Region, following an order for interlocutory injunction against the National Democratic Congress and the EC by the Sekondi High Court to annul the candidature of the NDC parliamentary candidate.
According to Fifi Kwetey, the Electoral Commission erred in its decision to disqualify the parliamentary candidate for Amenfi Central, disregarding the legal process on an expired and irrelevant interlocutory injunction related to a completely different election.
He explained that on May 13, 2023, the NDC conducted its parliamentary primary in the Amenfi Central Constituency, where Madam Joana Gyan Cudjoe won and was selected as the parliamentary candidate.
Mr. Kwetey indicated that following that victory, certain individuals dissatisfied with the outcome filed a lawsuit at the Sekondi High Court to challenge the legitimacy of the election.
He mentioned that in response to that, an interlocutory injunction was secured, which temporarily restrained Madam Joana Gyan Cudjoe from holding herself out as the elected parliamentary candidate until the final determination of the substantive matter by the court.
He further stated that the injunction was not a final judgment but a temporary, provisional order that put a hold on the situation until the court could fully examine the claims, recognising the urgency of the situation, and mindful of the electoral timelines.
The General Secretary maintained that the NDC’s Functional Executive Committee made the prudent decision to annul the May 13, 2023 elections and proceeded with another primary because the court was on vacation and could significantly delay the process, as the party needed to take proactive steps to ensure that the constituency would have a candidate for the upcoming parliamentary elections.
He added that on September 8, 2024, fresh elections were held to select the candidate for the constituency, but while four candidates initially contested the election held in May 2023, only Joana Gyan Cudjoe and the incumbent Peter Kwakye-Ackah filed and went through the party’s process in accordance with all party rules and electoral guidelines.
He said Madam Cudjoe was once again declared the winner, without any protests or objections from the other candidate or any controversies surrounding the process, with the September 8 election superseding the earlier election held in May 2023.
That election, he explained, reinforced her legitimacy as the NDC’s parliamentary candidate.
“The September 2024 election rendered the May 2023 election null and void. It effectively reset the clock. The interlocutory injunction tied to the May election became legally moot. The new election, conducted under fresh circumstances, was a legitimate process, fully compliant with the laws of Ghana, and with no legal challenge against it,” he stated.
Mr. Kwetey further said despite those facts, the Electoral Commission disqualified Madam Cudjoe based on the premise of an expired injunction that is no longer applicable.
The General Secretary said the decision taken by the party to battle the EC was only one front in the ‘war’ as it prepares to mobilise its supporters across the country to fight the injustice meted to the party.
By Ebenezer K. Amponsah