Joana Cudjoe Gyan
A High Court in Sekondi has placed an injunction on the National Democratic Congress (NDC) Parliamentary Candidate (PC) for Amenfi Central Constituency in the Western Region, Joana Cudjoe Gyan, from holding herself as such.
This follows a suit filed by some members of the NDC in the constituency challenging her eligibility and attached a motion, praying the court for an order for interlocutory injunction restraining her from holding herself out as the elected candidate for the Amenfi Central Constituency, pending the determination of the suit.
They also asked the court to restrain the NDC and the Electoral Commission (EC) respectively, their agents and officers from holding out or allowing the PC to hold herself out as the elected NDC PC for the Amenfi Central Constituency pending the final determination of the suit.
In their statement of claim, the plaintiffs noted that Ms. Gyan was not eligible to be elected as the PC at the time of her nomination and election.
They averred that her election as NDC PC was in contravention of the Constitution of the NDC, its election guidelines and also the laws of the country.
The plaintiffs averred that per the constitution of the NDC, a person ought to have been an active member of the party in the constituency level for not less than four years immediately preceding the date of filing of nomination.
They argued that the active NDC member should also be a card-bearing member of the party in good standing, who has paid party membership dues in full.
The plaintiffs noted further that at the time Ms. Gyan filed her nomination, contested and was elected as the PC in addition to not meeting the requirements stated, she was not even a registered voter.
They stated that a pre-requisite to obtaining a party card and subsequently, the payment of membership dues, is that a person should be a registered voter.
The plaintiffs mentioned that Ms. Gyan forged a voter identification card which she used to complete the form to obtain a party card from the Bantama Constituency of the NDC, so she could back-date her party card at the constituency level.
Particulars Of Forgery
The plaintiffs added that when the PC was required to present a copy of her voter identification card to the Western Regional Executives of the NDC, she presented a card which bore 11 digits contrary to the standardized 10 digits that every valid voter card is composed of.
Following a petition by some members of the NDC, an investigation by the Ashanti regional secretariat of the party found that Ms. Gyan had two different voter identification numbers on the party’s membership identification card she used to complete her nomination forms.
This finding was contained in the report of the investigation dated March 31, 2023.
They said a report of the Ashanti regional secretariat also revealed that the voter number given to Ms. Gyan is the voter identification number of one Seidu Bala, with just the number (1) added to the end.
The plaintiffs averred further that the PC forged a membership card of the NDC to enable her to meet the eligibility requirements.
In the NDC’s affidavit in opposition, the General Secretary of the party, Fifi Fiavi Kwetey stated that any restraint on Ms. Gyan and the party would cause inconvenience and hardship to the two parties since the NDC would have no PC for the constituency in the upcoming elections.
Injunction
The court presided over by Justice George Kwame Gyan-Kontoh, in granting the motions for injunction restrained Ms. Gyan from holding herself out as the duly elected NDC PC for the Amenfi Central Consistency.
The court also restrained the NDC and the EC, their agents and officers for holding out, allowing Ms. Gyan to be held out, dealt with in any way, recognized or afforded any rights or privileges as the duly elected NDC PC for the Amenfi Central Constituency.
Again, the court ordered that the applicants shall file an undertaking to pay damages by way of compensation to the respondent if it turns out eventually that the applicants, in fact are not entitled to the order of injunction so required.
From Emmanuel Opoku, Sekondi