According to private attorney Prof. Kwaku Asare, the courts have a responsibility to schedule hearings for matters that have no bearing on the dispute at hand.
The National Democratic Congress (NDC) asked the courts for a shortening of time so that the lawsuit Dr. Kwabena Duffuor filed against the party could be heard on Friday, May 12, and Prof. Asare responded on Facebook. “The court too has a duty to set a hearing date that does not destroy the subject matter of the litigation,” Prof. Asare wrote.
The High Court was requested by the NDC to hear the case on Thursday, May 11th. However, based on the excuse that Thursday was impracticable, the court agreed to accept the application on Friday, May 12, according to Abraham Amaliba, Director of Legal Affairs.
In an interview, Mr. Amaliba stated that “the majority of the issues that Dr. Duffuor and his supporters have brought to court, stem from ignorance…They need education”. He averred that it was possible that most of the grievances enlisted by the Duffuor camp could have been settled without any court intervention.
Abraham Amaliba insists that the album is complete and available for the team of Dr. Duffuor and the other two candidates. He also claimed a meeting with Dr. Duffuor’s camp on the earlier petition it raised on Tuesday, was abandoned for no reason.
Dr. Kwabena 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.
According to the writ, filed on Tuesday, May 9, the number of constituencies given on the hard drive was 22, instead of 228.
“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 elections.”
Dr. Duffuor’s Writ
The High Court had scheduled Monday, May 15 for deposition from the plaintiff. This would result in the indefinite postponement of the primaries.
The Electoral Commission, Ghana (EC) was served with the injunction notice on Wednesday and so, wrote to the NDC to dissociate from the polls.
The governing New Patriotic Party (NPP) admonishes the opposition National Democratic Congress (NDC) to take into consideration apprehensions raised by Dr. Kwabena Duffuor, who is in the race as a flagbearer hopeful for the NDC upcoming primaries on May 13.
Justin Kodua, General Secretary of the New Patriotic Party (NPP) stated in an interview that the NDC must ensure that its upcoming primaries are bereft of any violence.
“We have also seen the injunction filed by Dr. Duffuor, we are urging the National Democratic Congress (NDC) to have a critical look at it. As a government, we are more committed towards having a peaceful atmosphere in the country, and we will not let people take the laws into their hands. We want successful primaries, we don’t want any tension, hooliganism or any form of activities the constitution frowns on. At the end of the day, we want them to have credible primaries.”
Justin Kodua
However, the NDC clams that despite a court injunction on its May 13 presidential and parliamentary primaries, it is still hopeful the elections will be held as planned.
