The opposition National Democratic Congress (NDC) has urged an Accra High Court to dismiss a suit by a flagbearer hopeful, Dr. Kwabena Duffuor, seeking an injunction on the party’s presidential and parliamentary primaries.
Lawyers for the NDC described the suit as “frivolous and incompetent” and ought to be dismissed “in limine”.
“We submit that the Plaintiff’s suit is incompetent and therefore ought to be dismissed in limine. Again, the Plaintiff has not been able to demonstrate on the face of his pleadings and affidavit that it is just or convenient for the Honourable Court to grant the injunction that he seeks”.
“We, therefore, pray that the Court refuses the instant application.”
Background
Dr. Duffuor on May 9 filed an interlocutory injunction against the NDC’s presidential and parliamentary primaries slated for May 13, 2023, barring the party and the Electoral Commission (EC) from holding the primaries pending the production of a complete photo album register.
The former Finance Minister also wants the party to deliver the complete register to him at least five weeks before the election.
But the NDC in a response to Dr. Duffuor’s suit stated that “Our respectful submission is that the Plaintiff has been unable to demonstrate that by reason of the NDC Guidelines for the Presidential Primaries and the NDC Constitution, he has a right to be given a Photo Album which the NDC has refused to give same to him. No provision has been cited by the Plaintiff to support his claims”.
“In fact, Article 42 of the NDC Constitution deals with the election of Presidential candidates. In that provision, nowhere is it mentioned that a contesting Presidential candidate is entitled to a Photo
Album. That being the case, the Plaintiff cannot claim that his right is about to be breached or has been breached and hence deserves the protection of this Court.
“Our humble submission is that the Plaintiff having failed to establish a legal right, the instant application ought to be dismissed as being frivolous.”
