The Head of Legal Affairs for the NDC, Edudzie Tamekloe, has strongly criticized the Electoral Commission’s (EC) decision to disqualify the party’s parliamentary candidate for Amenfi Central, Joana Gyan Cudjoe.
Tamekloe described the move as “mischievous and disingenuous,” suggesting that the EC acted in bad faith and contrary to legal principles.
“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.
“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”.
Edudzie Tamekloe
Tamekloe emphasized that it was entirely disingenuous for Samuel Tettey, the Deputy Chairman of Operations at the EC, to use the interlocutory injunction as justification for the disqualification.
He argued that Tettey’s reference to the injunction was misleading, as such a legal measure is merely temporary and does not provide sufficient grounds for disqualifying a candidate without a final court decision.
Tamekloe further expressed his astonishment at the EC’s rationale, labeling it “mind-boggling.”
According to the NDC lawyer, this temporary legal measure was intended to maintain the status quo while the court deliberated the matter, not to serve as grounds for disqualification.
Tamekloe further argued that the EC’s decision disregarded the legal weight of an interlocutory injunction, which is provisional and does not determine the final outcome of the dispute.
He asserted that the EC should have awaited a conclusive ruling from the court before making any decisions regarding Gyan Cudjoe’s candidacy.
By acting prematurely, Tamekloe believes the EC overstepped its legal authority and compromised its obligation to act fairly and impartially.
Tamekloe Calls for EC to Reconsider Disqualification Decision
Furthermore, Edudzi Tamekloe urged the EC to reconsider its decision, stressing the importance of upholding legal standards and ensuring a fair and transparent electoral process.
He also accused the EC of bias, alleging that it had taken sides in the matter by disqualifying Joana Gyan Cudjoe from the election without sufficient legal justification.
Tamekloe argued that such actions undermine the EC’s neutrality and compromise the integrity of the electoral process.
“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 inquiries 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.”
Edudzie Tamekloe
Meanwhile, private legal practitioner Samson Lardy Anyenini has asserted that the EC overstepped its legal authority by relying on an interlocutory injunction as grounds to disqualify Joana Cudjoe, the NDC’s parliamentary candidate for Amenfi Central.
“An interlocutory injunction is not a perpetual injunction, and it does not determine the rights of the parties involved. So, to use that as the basis for disqualification is not only premature but also legally flawed”.
Samson Lardy Anyenini
Ayenini pointed out that the EC’s decision is even more questionable, considering that the original May 2023 election, which was the subject of the injunction, had been annulled by the NDC.
This raises concerns about the validity of the grounds on which the EC based its disqualification, as the annulment casts doubt on the relevance of the injunction in determining Cudjoe’s candidacy, especially with the general elections so close.
According to Ayenini, the EC’s actions could be characterized as “unlawful conduct” and an “overreach” of its authority.
He argued that such actions not only undermine the legal framework governing elections but also jeopardize the fairness and integrity of the electoral process. “It appears the EC was in a hurry and failed to consider the fact that the injunction was tied to an annulled election”.
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