The Sekondi High Court has set aside the injunction that prevented Joana Gyan Cudjoe, the National Democratic Congress (NDC) candidate for Amenfi Central, from contesting the upcoming parliamentary election.
The ruling, delivered on Monday November 11, followed an earlier adjournment in the case, where the NDC sought for the court to lift the injunction on its candidate and dismiss the substantive disqualification.
The case was presided over by Justice George K. Gyan-Kontoh.
On the previous occasion, the court had adjourned the application after a request by Edudzie Tamakloe, one of the lead counsels representing Ms Cudjoe.
Tamakloe urged the court to consider the substantive disqualification case, noting that any further delay could disenfranchise his client and prevent her from participating in the December 7 parliamentary election.
Review
Mr Justice Gyan-Kontoh agreed to review the substantive case, emphasising the importance of resolving the matter promptly.
He also encouraged the parties involved to explore the possibility of an out-of-court settlement before the scheduled hearing. However, the parties could not agree on an out-of-court resolution.
Resolution
The lifting of the injunction by the court, thus, allows Ms Cudjoe to contest the December 7 parliamentary elections on the ticket of the NDC for Amenfi Central.
“We thank God for everything that has happened today, especially also my new lawyers who came in to rescue me…I thank God and all the NDC members, executives, Western Region NDC. I must say I am very happy,” Ms Cudjoe told journalists after the ruling.
Recall
The Accra High Court last Thursday dismissed an application by the NDC that sought to restrain the Electoral Commission (EC) from printing the notice of polls and ballot papers for Amenfi Central.
The NDC wanted the Court to stop the EC from printing the ballot papers pending the final determination of its suit challenging the commission’s decision not to recognise Joana Gyan Cudjoe as the duly elected NDC candidate for Amenfi Central.
However, the Court dismissed the application on the basis that the NDC could not establish any exceptional circumstances to stop the EC from conducting its constitutional duty
It was the considered view of the court that the EC’s decision was grounded in law as it was following an order from the Sekondi High Court that placed an injunction on Ms Cudjoe not to hold herself as a Parliamentary Candidate.
Following the decision of the Accra High Court, the NDC filed a fresh writ at the Sekondi High Court urging the court to vacate its order of injunction.
