Injunction On NDC Flagbearership Primary ... Court Delivers Consent Judgement

By Ian Motey

The opposition National Democratic Congress (NDC) has reached an agreement with two of its members who secured an injunction restraining the party from conducting its flagbearership primary.

The two, Abdallah Issah and James Kabu Nortey-Oman dragged the NDC to an Accra high court over the published guidelines for the conduct of the primary.

Among other reliefs sought, the two (plaintiff) wanted the court to declare the said guideline for the primary null and void and being ultra vires with the September 1992 NDC constitution.

The plaintiff further wanted a declaration 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 Council of Elders lawful.

That, "a declaration that the introduction of certain eligibility criteria as conditions precedent for candidates as part of the said guidelines provokes the letter and spirit of the NDC constitution and are unlawful."

"The plaintiff therefore sought an order, ordering the NDC to conduct their 2019 presidential elections in a free, fair, transparent and inclusive manner in accordance with the NDC constitution and the canonal tenets of free and fair elections."

When the case was heard in court last Monday, the two parties requested for an out-of-court settlement which was granted by the presiding judge, Justice Mensah Datsa.

Yesterday, the court struck out the case by a consent judgement.

According to the Terms of Settlement sighted by the Times, both parties agreed that the condition in the guidelines as amended require a person aspiring to be a presidential candidate of the party be a paid up member for 10 years "shall no longer apply".

"The parties agree that the requirement in the guidelines as amended to the effect that an aspirant must show substantial contributions to NDC shall no longer apply.

The parties agreed that a new date for the primary shall be fixed in accordance with the relevant constitutional provision of the NDC."

Both also agreed that the election shall be held in accordance with the NDC's constitution and in free, fair and transparent manner.

The court however did not award any cost.

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