The Electoral Commission has disqualified Mrs Joana Gyan from contesting the Amenfi Central parliamentary election on the ticket of the National Democratic Congress (NDC).
According to the elections management body, it has taken this decision in compliance with an order of interlocutory injunction issued by the Sekondi High Court.
“The Commission’s attention has been drawn to an Order for Interlocutory Injunction dated 31st May, 2024 in respect of a suit entitled Gyedu Frimpong & 4 Others Vrs Joana Gyan Cudjoe, the National Democratic Congress & the Electoral Commission (Suit No. E12/36/24) by the High Court, Sekondi,” the Deputy Chairman of the EC in charge of Operations wrote.
According to him, the court ordered that until the final determination of the matter the affected parties are restrained as follows:
a) The 1st Defendant/Respondent for holding herself out as the duly elected NDC Parliamentary candidate for the Amenfi Central Constituency.
b) The 2nd. and 3rd Defendants/Respondents, their agents and officers for holding out, allowing the 1st Defendant/Respondent to be held out, dealt with in any way, recognized or afforded any rights or privileges as the duly elected NDC Parliamentary Candidate for the Amenfi Central Constituency.
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” The said Order has neither been stayed nor vacated hence the Commission is bound by same. In this regard, we write to inform you that you have been disqualified from standing as a candidate for election to Parliament in your Constituency,” Mr Tettey announced.
Background
After she successfully won their parliamentary primaries in May, 2024 some members of the party challenged the eligibility of Joana Cudjoe Gyan, wife of popular artiste Keche, to represent the National Democratic Congress (NDC) as its Parliamentary Candidate (PC) for Amenfi Central.
They petitioned the Electoral Commission (EC) not to go ahead to process the form of the PC. According to the petitioners, the order of the Sekondi High Court, which was issued on May 31, 2024 has not been set aside by any Court of competent jurisdiction.
The plaintiffs filed a motion, praying the court for an order for interlocutory injunction restraining the PC from holding herself out as the elected candidate for the constituency, pending the determination of the suit.
In their statement of claim, the plaintiffs noted that Ms. Gyan was not eligible to be elected as the PC at the time of her nomination and election.
They averred that her election as NDC PC was in contravention of the Constitution of the NDC, its election guidelines and also the laws of the country.
The plaintiffs averred that per the constitution of the NDC, a person ought to have been an active member of the party in the constituency level for not less than four years immediately preceding the date of filing of nomination.
They argued that the active NDC member should also be a card-bearing member of the party in good standing, who has paid party membership dues in full.
The plaintiffs noted further that at the time Ms. Gyan filed her nomination, contested and was elected as the PC in addition to not meeting the requirements stated, she was not even a registered voter.
Following the case The National Democratic Congress (NDC) suspended some of the party’s constituency executives in the Amenfi Central constituency in the Western Region for an alleged anti-party behavior.
The party has also summoned the current NDC MP for Amenfi Central, Peter Yaw Kwakye-Ackah to appear before the Political Committee of the Party.
Even though the party did not give any reason for the decision, it is rumored that some of the executives were behind the filing of a motion at the Sekondi High to restrain the NDC Parliamentary Candidate (PC) for Amenfi Central, Joana Cudjoe Gyan from holding herself out as the duly elected NDC candidate.
The party again annulled the parliamentary primary held in the Amenfi Central constituency on May 13, 2023, and ordered a rerun of the election.
The decision was made by the party’s Functional Executive Committee at a meeting on Tuesday, September 3, 2024.
The annulment comes after the election was challenged in court by some party members, who sought the annulment of the primary election results and an order for a rerun of the election over the eligibility of the winner Joana Ghansah Cudjoe, wife of musician, Keche.
Joana’s membership of the party is said to be in doubt over allegations of forgery.
The High Court in Sekondi had been hearing the case, but the NDC’s decision to annul the election and hold new primary preempted the court’s ruling.
The NDC’s General Secretary, Fifi Fiavi Kwetey, announced the decision in a press release on September 4, 2024, stating that the party had decided to open fresh nominations for the conduct of new primary in the Amenfi Central constituency.
After series of consultations with both the incumbent member of parliament Kwakye Ackah and parliamentary candidates Joana Gyan Cudjoe decided to have re-run during the process five people picked forms to contest the seat but three of them withdrew from the race which left with two candidates.
After their vetting process, Joana Gyan was re-elected as the National Democratic Congress (NDC) Parliamentary Candidate (PC) for Amenfi Central through acclamation after the incumbent Member of Parliament (MP) and her contender, Peter Yaw Kwakye Ackah withdrew from the race after vetting on Saturday.
A total of 1,430 delegates were present for the acclamation.
The current Member of Parliament for Amenfi Central Peter Yaw Kwakye-Ackah, has indeed started campaigning as an independent candidate for the upcoming elections. This surprise move comes after he withdrew from the National Democratic Congress (NDC) parliamentary primaries, citing unfair treatment by the party
Apparently, Kwakye-Ackah felt the NDC’s endorsement of his opponent, Joana Cudjoe Gyan, was unjust, especially after the court injunction against the initial primary election. He expressed his dissatisfaction, stating that the party should have given everyone a fair chance to compete.
As a result, posters of Kwakye-Ackah have started popping up, promoting his independent candidacy. It’s worth noting that the Minority caucus has filed a petition to declare his seat vacant, but Kwakye-Ackah remains unfazed, focusing on his new path forward.
With Additional files from Ebenezer Atiemo.
Read also:
Amenfi Central NDC primary: Joana Gyan Cudjoe set to be acclaimed as parliamentary candidate
