Injunction suit on NDC presidential primary to be settled out of court
The National Democratic Congress (NDC), and its two members who secured an injunction against the party’s upcoming presidential primary on January 26, have decided to settle the matter out of court.
This was made known by lawyers of both parties who told the court that discussions were ongoing to address the issues raised by plaintiffs.
The court presided over by Justice Georgina Mensah Datsa ordered the two parties to file their terms of the settlement in three days. Following the court action, all processes towards the primary including vetting of presidential aspirants had been halted.
The two party members, Abdallah Issah, a branch Communication Manager and James Kabu Nartey-Oman, a branch Secretary in the Bortianor/Ngleshie Amanfro Constituency of the NDC, went to court to challenge the rules and guidelines set for the presidential primaries.
In their statement of claim, the two had issues with the filing fees before it was reviewed.
They were also unhappy about the fact that a particular rule which states that one has to be a member of the party for ten years before contesting for the presidential primaries had been breached.
The lawyers for the NDC had argued that most of the issues raised have been dealt with internally.
They noted that the initial filing fee of GH¢400,000 had now been reduced to GH¢300,000.
In the writ, which was issued on December 18, 2018, the plaintiffs wanted a declaration that the published guidelines for the conduct of the primary by the NDC in 2019 was null and void.
The applicants were also seeking a declaration that the introduction of specific eligibility criteria as conditions for presidential candidates were at odds with the letter and spirit of the NDC Constitution.
They also want 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, were unlawful.
A further order directing the NDC to conduct its 2019 presidential election in a free, fair, transparent and inclusive manner in accordance with the NDC constitution was also sought.