A Private legal practitioner Samson Lardy Anyenini has lambasted the Electoral Commission (EC) for disqualifying Madam Joana Gyan Cudjoe as the National Democratic Congress (NDC) parliamentary candidate for Amenfi Central.
He explained that the EC has committed an error by finding grounds in an interlocutory injunction that applies to an election that has since been nullified.
The injunction applies to Amenfi Central NDC primaries in May 13, 2023, that led to another election conducted in September 2024 by the Electoral Commission.
According to him, “An interlocutory injunction is not a final order of a court. It does not determine the rights of the parties. The fact that it restrains certain actions temporarily doesn’t mean the affected parties will not emerge victorious at the end of the case,” he explained.
“The EC supervised the fresh election on September 8, 2024, and declared her duly elected. How then does the EC turn around and disqualify her over a case that no longer exists?” he quizzed.
The legal practitioner added that, “The injunction related to the May 2023 election, which has been annulled. The fresh election in September 2024 has no injunction against it. The EC has overreached and acted unlawfully”.
“What if the injunction is vacated tomorrow? Does that mean the EC will retract its disqualification? This is not a valid ground for disqualifying a candidate”.
Anyenini called on the EC to retract the disqualification and reinstate Madam Joana Gyan as NDC’s PC for Amenfi Central.
He told Joy news last night that the disqualification is “absurd” and “ill-advised.”
