Private legal practitioner Samson Lardy Anyenini has fiercely criticized the Electoral Commission (EC) for disqualifying Joana Cudjoe, the National Democratic Congress (NDC) parliamentary aspirant for Amenfi Central, based on what he describes as an erroneous application of an interlocutory injunction.
According to him, the EC’s decision hinges on a previous election-related injunction, which he asserts has been nullified and holds no standing.
Lawyer Anyenini argued that the EC made a grave mistake by referencing an interlocutory injunction pertaining to a May 2023 NDC primary, which was later annulled by the party.
“An interlocutory injunction is not a final order of a court. It does not determine the rights of the parties. The fact that it restrains certain actions temporarily doesn’t mean the affected parties will not emerge victorious at the end of the case”.
Samson Lardy Anyenini Esq, Private Legal Practitioner
Lawyer Samson Lardy Anyenini further questioned the logic of this decision, stating, “The EC supervised the fresh election on September 8, 2024, and declared her duly elected. How then does the EC turn around and disqualify her over a case that no longer exists?”
Legal Misstep by the EC
The renowned legal practitioner called the EC’s decision “absurd” and “ill-advised,” asserting that the Commission had overstepped its legal boundaries by invoking an injunction from an annulled election.
He further pointed out that no legal actions or injunctions are tied to the September 2024 election, which renders the Electoral Commission’s basis for disqualification moot.
“The injunction related to the May 2023 election, which has been annulled. The fresh election in September 2024 has no injunction against it. The EC has overreached and acted unlawfully”.
Samson Lardy Anyenini Esq, Private Legal Practitioner
He stressed that the provisional nature of injunctions means they can be vacated at any time, questioning what the EC’s course of action would be if the injunction were overturned.
“What if the injunction is vacated tomorrow? Does that mean the EC will retract its disqualification? This is not a valid ground for disqualifying a candidate,” he asserted.
NDC’s Response
In an earlier response, Hon. Fifi Fiavi Kwetey, the General Secretary of the National Democratic Congress, issued a statement urging party members and constituents of Amenfi Central to remain calm and await further developments.
He assured that the leadership of the opposition party remains confident in Joana Gyan Cudjoe’s candidacy and is set to challenge the Electoral Commission’s decision.
“All should be assured that the will of the Ghanaian people shall not be subverted,” Hon. Kwetey assured, signalling the party’s resolve to pursue all necessary legal and political avenues to address the disqualification.
The controversy stems from the May 13, 2023, National Democratic Congress primary election, during which Joana Gyan Cudjoe’s candidacy was contested, leading to the injunction order by the Sekondi High Court.
However, in September 2024, the NDC nullified the previous election results and held a fresh primary on September 8, 2024, supervised by the Electoral Commission itself.
Joana Cudjoe emerged victorious once again, with the Electoral Commission declaring her as the duly elected parliamentary candidate.
Despite this, the EC disqualified Cudjoe on October 10 2024, citing the injunction from the earlier annulled election.
This incident has placed the EC’s decision-making processes under scrutiny, with calls for the Commission to carefully review its actions.
Many legal activists including Professor Stephen Kweku Asare have underscored the potential risk of legal challenges against the EC if it proceeds on grounds that lack a solid legal foundation.
For now, the fate of Joana Cudjoe’s candidacy remains in the balance, with the NDC promising to fight the disqualification while legal minds like Anyenini challenge the Commission’s adherence to due process.
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