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NDC injunction case to be heard on May 12 instead of Monday, May 15 – Court agrees

Source The Ghana Report

The Director of Legal Affairs of the National Democratic Congress, Abraham Amaliba, has revealed that the court will hear a motion for abridgement of the case brought against the party’s presidential primaries on Friday, instead of the initial May 15, which is a Monday.

Mr Amaliba says the new date is crucial for the party because its planned presidential and parliamentary primaries is slated for Saturday, May 13, 2023.

The director of legal affairs said the party had applied for an abridgement of time – shortening the duration given – after flagbearer hopeful Dr Kwabena Duffour filed a suit seeking to halt the presidential primaries from taking place on Saturday, May 13.

“We actually wanted Thursday, but the registry indicated to us that that is difficult because of some issues relating to scanning of the processes that would have to take place. And the judge who is going to preside must have foreknowledge of the process, so the available time has been fixed for Friday,” Mr Amaliba said.

He disclosed that his team would move to have the suit thrown out stating that the party will suffer greatly if the injunction is granted.

The party has invested so much money in this thing. Don’t forget that delegates have started moving to their centres. Those in island communities who have to travel by river for a day and then go and sleep over have started moving, so, if you look at the combined effects and hardship, surely it is the party that will suffer.”

The private legal practitioner confirmed the changes in an interview on Joy news.

Background

On Tuesday, May 9, NDC flagbearer aspirant, Dr. Kwabena Duffuor, filed an interlocutory injunction against parties involved in the presidential and parliamentary primaries.

In a writ filed at an Accra High Court, Dr Duffour indicated that the NDC party failed to provide the required photo album register five weeks before the elections in accordance with the party’s rules.

He stated that a partial photo album register was given to his team on May 4, a few days before the elections, rather than in March when they had submitted a request for one.

“The plaintiff adds that to their utmost surprise, upon verification, it was found that the number of constituencies on the hard drive given to his representatives was 220 in number as opposed to the alleged number of 228 constituencies indicated by the defendant,” he stated.

“The plaintiff adds further that an initial verification of the said 220 constituencies on the hard drive given to his representatives by the 2nd defendant established basic errors and inaccuracies that render the photo album register inaccurate and unreliable for a free, fair and credible election.”

Dr Duffour added that despite his request to postpone the elections until a full photo album register is secured, the party has failed to heed his request.

Thus, he asked the court to grant an interlocutory injunction to restrain the party and sued persons – General Secretary, Election Director, co-contestants John Mahama and Kojo Bonsu, and the Electoral Commission – from holding the elections scheduled for May 13.

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