The NDC’s Director of Legal Affairs, has described the Electoral Commission’s (EC) decision to disqualify the party’s parliamentary candidate for the Amenfi Central, as mischievous and disingenuous.
According to Godwin Edudzie Tamekloe, the EC’s basis for the “disqualification is mind-boggling” because it was a party to an interlocutory injunction against the candidate, Joana Gyan Cudjoe’s election in the May 12, 2023 primary.
“The basis of the disqualification is the purported interlocutory injunction from the High Court in Sekondi which is extremely mischievous because clearly, the EC at all material times, was a party to the suit in the Sekondi Court”, Mr Tamekloe told Citi FM’s Breakfast Show host, Bernard Avle.
“Each time we appeared before the judge in Sekondi, there was a representative for the EC and so the proceedings were known to the EC. When we annulled that election and decided to rerun it, they came to supervise the election and so for Samuel Tettey to refer to the injunction [in the disqualification] is completely disingenuous.”
An October 10, 2024, letter signed by the Deputy Chairman of the EC in charge of Operations, Samuel Tettey, informed Gyan Cudjoe, of her disqualification, stating that the Commission is bound by the court order, which has neither been stayed nor vacated.
The NDC’s legal head, also accused the EC of taking sides in the matter and disqualifying Joana from its volution.
“When the EC opened filing, the party presented Joana as its nominee and thereafter, there was an indication that there was going to be the printing of the notice of poll, which was delayed and so we made enquiries and wrote a letter to the plaintiff and we thought this matter had ended, but on October 10, Samuel Tettey, wrote a letter disqualifying Joana.
“The EC cannot act like an octopus and move everywhere looking to disqualify a candidate whose election it supervised.”
The opposition party, has since filed an injunction application, seeking to halt the EC from proceeding with the printing of parliamentary ballot papers and notice of poll for the Amenfi Central constituency.
This legal action, follows the recent disqualification of their parliamentary candidate, Joana Gyan Cudjoe, by the EC.
The disqualification stems from an interlocutory injunction issued by the Sekondi High Court, which prevents the EC from recognizing Cudjoe as the NDC’s candidate for the upcoming December 7 elections.
The court’s injunction is reportedly related to a pending lawsuit concerning Cudjoe’s eligibility, which has not been resolved or lifted, thereby blocking her from contesting in the parliamentary race.
As a result, the NDC, argues that the EC’s continued actions to print ballot papers without resolving the matter, would infringe upon the legal process and the rights of their candidate.
In the application, the NDC, is requesting the court to issue an order to restrain the EC from printing or distributing ballot materials for Amenfi Central, until the legal issues surrounding Cudjoe’s disqualification are fully adjudicated.
On Wednesday, October 16, 2024, a Sekondi High Court, restrained Joana Gyan Cudjoe, wife of musician Keche Andrew, from presenting herself as the elected NDC parliamentary candidate for Amenfi Central until further notice.
The court also prohibited the NDC and the EC from recognising her as the duly elected candidate, following a contestation by some five complainants.
The plaintiffs, Gyedu Frimpong, Akubilla Daniel, Enock Ntiamoh, Isaac Twum, and Doris Aidoo, sued Joana Cudjoe, the NDC, and the EC, arguing that she does not qualify for the position.
In response, the EC confirmed it would adhere to the court order and cease recognising Joana Gyan as the parliamentary candidate.
A letter dated October 10, 2024, signed by the Deputy Chairman of Operations Samuel Tettey, informed Gyan Cudjoe and the public of her disqualification.
Joana Gyan Cudjoe’s disqualification stems from allegations of forgery related to her voter ID and NDC party card, as stated in the petition presented to the court.
The petition contends that to qualify for the NDC’s national primary elections, Mrs Cudjoe, must possess a valid national voter identification card, which they claim she obtained illegally.
It noted that the Voter ID she submitted, contained 11 digits, deviating from the standard 10 digits required under the Public Elections Regulations.
Additionally, discrepancies were found between the voter ID numbers on her membership ID card (67610125841 and 67610125891); The voter ID number given to Joana Cudjoe is the voter ID for one Seidu Bala (6761012589) and one-digit was added to the number (1).
It is believed that if Joana Gyan can rectify the issues within the set timelines, she still has a chance to proceed with her candidacy.
