Documents: Court grants injunction on South Tongu NDC Elections 2022

The Sogakope High Court has reportedly granted an interlocutory injunction against the South Tongu National Democratic Congress (NDC) Constituency Election.

According to the document available to Coverghana.com.gh, the High Court, Sogakope has placed injunction on the newly elected executive officers following a motion filed by the plaintiffs William Kofi Gleku, Romeo Amemornu, Harrison Richard Gleku and Agbemadi Godson against the National Democratic Congress (NDC) as the defendant.

The plaintiffs/applicants sought an order against the purportedly elected South Tongu NDC Constituency executives of the Defendant Political Party restraining then and/or their agents, lawful attorneys proxies, from participating in the upcoming National Party elections scheduled for 17th December, 2022, pending the determination of the suit.

The Plaintiff claims against the Defendant as follows:

1. A Declaration that the Plaintiffs and members of the Defendant Political party at the 5 Branches of the Sogakope Secondary School Branch are eligible to participate in the constituency conference of 2022 and exercise their voting rights.

2. A Declaration that the purported constituency election organized on 30th October, 2022 was not validly conducted as same was in breach of Article 15 (2) of the Defendant’s constitution 1992 as amended and thus null and void.

3. A Declaration that all constituency officers, purportedly elected into various constituency offices, during the purported constituency election on 30th October, 2022, were not validly elected.

4. An order of the court directed at the Defendant to organize fresh constituency conference and elections in compliance with the Provisions of the Constitution of the Defendant Political Party.

5. A Perpetual injunction restraining the purported elected constituency executives from holding themselves out or allowing themselves to be held out as the constituency executives of the Defendant Political Party in the South Tongu constituency.

6. An order of the court directed at the purported elected constituency executives from participating in the national elections of the Defendant Political Party.

7. An order of the court directed at the Defendant Political Party to restore the names of the Plaintiffs and members of their branches onto the voters register of the Defendant Political party.

8. An order of the Honorable court awarding cost of this litigation including legal fees to the Plaintiff’s

9. An order of the Honorable Court awarding any such relief(s) as it may deem proper, just and fair to make.

The Plaintiffs are the chairmen of the five branches of the Sogakope Branch of the National Democratic congress and registered voters in the South Tongu constituency of the Volta Region.

• The 1st Plaintiff is the chairman of Sogakope Senior High School branch ‘D’ of the National Democratic Congress in the South Tongu constituency of the Volta Region.
• The 2nd Plaintiff is the Chairman of the Sogakope Senior High School Branch ‘A’ of the National Democratic Congress in the South Tongu constituency of the Volta Region.
• The 3rd Plaintiff is the Chairman of the Sogakope Senior High School Branch ‘B’ of the National Democratic Congress in the South Tongu constituency of the Volta Region.
• The 4th Plaintiff is the Chairman of the Sogakope Senior High School Branch ‘C’ of the National Democratic Congress in the South Tongu constituency of the Volta Region.
• The Defendant is a Political Party registered under the relevant and applicable laws of the Republic of Ghana, professing to be a Social Democratic Party that believes in the equality and egalitarian treatment of all persons irrespective of their social, cultural, educational, political, religious and economic relations in a multi-party environment.
• The Plaintiffs say that they are members of the Defendant party and affiliated to the Sogakope Senior High School Branch.
• The Plaintiffs aver that there are forty-five (45) members in all the five branches of the Sogakope Senior High School branch of the Defendant Political party.
• The Plaintiffs aver that, according to the constitution of the Defendant Political Party, the smallest constituent unit of the Party is a branch, the various branches constitute the constituency, the various constituencies form the regional branches of the Defendant party and the various regions form the national party-Defendant Political Party.
• The Plaintiffs aver that being members of the branch, they form the nucleus and most integral unit of the Defendant Political Party.
• The Plaintiffs aver that, in accordance with the provisions of the Constitution of the Defendant Political party, they received a letter, dated 7th October 2022, inviting them to participate in the constituency conference scheduled for 22nd October, 2022 and to be held at the Comboni Conference Hall in Sogakope.
• The Plaintiffs repeat paragraph 11 and further aver that the conduction of constituency elections was part of the agenda of the conference.
• The Plaintiffs aver that on the date of the said constituency conference all the 44 members of their branches attended the and confirmed their names in the voters’ register.
• The Plaintiffs aver that, while waiting to be called upon to cast their vote, to their utter shock and consternation they were informed by the electoral officials that there was a problem with them, that is all the 44 members of the Sogakope Senior High School branches, and as a result, they would not be allowed to cast their votes.
• The Plaintiff’s aver that they raised the argument that, their names were in the register and thus were eligible to vote and that they had received formal communication from the constituency to attend and participate in the constituency conference.
• The Plaintiffs aver that, they were later informed by the officials of the electoral commission that, they had been instructed by some members of the party to remove their names from the voters’ register.
• The Plaintiff’s aver that they were not given any tangible reason for the sudden decision and the elections for the day were disrupted. 18) The Plaintiffs further aver that they wrote a report and served same on the Regional Chairman on what transpired at the constituency conference.
• The Plaintiffs aver they were subsequently informed by the constituency chairman that, the national office was going to address their concerns on Monday 24th October 2022 but they received no further communication thereafter.
• The Plaintiffs say that on Friday 28th October 2022, they saw messages circulating on various WhatsApp platforms with members affiliated to the Defendant Party within the constituency that there party was organizing the constituency elections on Sunday 30th October 2022.
• The Plaintiffs avers that, they contacted the constituency chairman, who according to the constitution of the Defendant, has the powers to convene the constituency conference at which the elections can be held to ascertain the veracity or otherwise of the information they had seen on various WhatsApp platforms. 22) That Plaintiffs say that, the said constituency chairman denied knowledge of any such election and further said the he was awaiting the resolution of the problems that arose at the disrupted conference.
• That Plaintiffs further says that, after their phone conversation with the constituency chairman, they received formal written communication from him, addressed to all in the constituency confirming his position that he has not sanctioned any election to be held on Sunday 30th October, 2022 and further called on all delegates to disregard the message circulating on social media.
• The Plaintiffs further says that, the constituency chairman took a further step to announce on “Freedom FM” a local radio station that there was not going to be any election on Sunday.
• That Plaintiffs say that, according to the Defendant’s constitution, a 3 days’ notice is required prior to the conduct of the constituency elections.
• The Plaintiffs aver that, at about 11am on Sunday, they noticed that the electoral commission purported to conduct the said election, with majority of the delegates absent including the 44 members of the Plaintiffs’ branches.
• The Plaintiffs aver that, they later found out that, the elections were organized by the constituency secretary with the assistance of the constituency director of elections, without the approval of the constituency chairman.
• The Plaintiffs aver that the purported elected constituency executives have been purportedly sworn in.
• The Plaintiffs say that the Defendant Political party has the duty to ensure that the constitution of the party is respected and complied with and ensure that all persons who are eligible to partake in its elections are given the opportunity to do so, but in this instance failed to ensure such.
• The Plaintiffs aver that without the coercive orders of the Honorable court, their sacred democratic rights to vote will be taken away and breached.
• The Plaintiffs aver that without a three-day notice from the constituency chairman and their participation in the constituency conference, the constituency elections cannot be deem to have been validly conducted as their branch forms the seedbed and nucleus of the Defendant Political Party.
• That, the applicants wrote a report and served same on the Regional Chairman on what transpired at the constituency conference.
• That the applicants were subsequently informed by the constituency chairman that, the national office was going to address their concerns on Monday 24th October 2022 but they received no further communication thereafter.
• That on Friday 28th October 2022, the applicants saw messages circulating on various WhatsApp platforms with members affiliated to the Defendant Party within the constituency that the party was organizing the constituency elections on Sunday, 30th October 2022.
• That the applicants contacted the constituency chairman, who according to the constitution of the Defendant Political Party, has the sole right to convene the constituency conference at which the elections can be held, to ascertain the veracity or otherwise of the information they had seen on various WhatsApp platforms.
• That the said constituency chairman denied knowledge of any such election and further said the he was awaiting the resolution of the problems that arose at the disrupted conference and that he has not sanctioned any election.
• That after their phone conversation with the constituency chairman, the applicants received formal written communication from him, addressed to all delegates in the constituency confirming his position that he has not sanctioned any election to be held on Sunday 30th October, 2022 and further called on all delegates to disregard the messages making rounds on social media. Communication from the constituency chairman is attached and marked as Exhibit 5
• That the constituency chairman took a further step to announce on “Freedom FM” a local radio station that there was not going to be any election on Sunday.
• That according to the Defendant’s constitution, a 3 days’ notice is required prior to the conduct of the constituency elections.
• That at about 11am on Sunday, the applicants noticed that the electoral commission purported to conduct the said election, with majority of the delegates absent including the 44 members of the Plaintiffs’ branches.
• That the applicants later found out that, the elections were organized by the constituency secretary with the assistance of the constituency director of elections, without the approval of the constituency chairman.
• That without the constitutionally mandated three-day notice prior to the elections, from the constituency chairman and the participation of all branches within the constituency the constituency elections cannot be deem to have been validly conducted.
• That the Defendant Political Party, intends to conduct national party elections on the 17th of December, 2022 and the South Tongu constituency executives who were elected on the basis of constitutional breaches and invalidly conducted elections, intend to participate in the said elections and cast votes.
• That I am advised and verily believe same to be true that allowing the said constituency executives who were elected on the basis of constitutional breaches to participate in the national elections would invariably be permitting them perpetuate further illegitimacy and would not represent views and interests of the members of the South Tongu constituency
• That if this honorable Court does not set a precedent where constituency elections properly conducted, form the basis of the regional and national elections, miscreants in the defendant political party will deliberately sabotage elections in the constituency not favorable to them and thus stifle interests not favorable to them and then proceed to participate in national elections.
• That I pray that the honorable Court restrains the Defendant Political party from allowing the purportedly elected constituency executives of the South Tongu constituency from participating in the national elections.

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SOURCE: Coverghana.com.gh