An Ex Parte application has been filed at the Accra High Court seeking for an interlocutory injunction restraining newly elected executive officers of the National Union of Ghana Students (NUGS) from holding themselves asuch.
In the applicant’s statement of case in support of the Motion Ex Parte for the Interim Injunction, he has invoked the discretionary jurisdiction of the Accra High Court pursuant to Order 25 rule 1 of the High Court [Civil Procedure] Rules, 2004 C.I 47 to grant an order of Injunction restraining Defendants [Newly elected executive officers] from holding themselves as elected or affirmed officers of NUGS and from proceeding to organize their intended swearing-in ceremonies, in light of the clear breach of Constitutional provisions of the Constitution of NUGS prescribing the procedure to be followed in their election.
Following the suit files by Mr. Daniel Owusu Baffoe [Plaintiff] who is a student of Wisconsin International University College, Ghana and a Member of NUGS on 12th April, 2022, the Accra Court has moved to hear the case on Monday, 25th April, 2022 for determination.
According to the plaintiff, the 2nd Defendant Julius Kwame Anthony [Outgoing NUGS Secretary] as of his role in ensuring the successful election of new executive has the duty of compiling the list of all delegates from the various member institutions of NUGS, sign the same together with the 1st Defendant Emmanuel Yiadom Boakye [Outgoing NUGS President] for onward submission to the 3rd Defendant [Electoral Commission of NUGS] for onward distribution to parties with interest in the election of new officers.
The plaintiff explained that, the Central Committee of NUGS which has the constitutional mandate of constituting the 3rd Defendant [Electoral Commission of NUGS] to oversee the conduct of the Union’s elections failed to properly constitute 3rd Defendant, and as a result, a committee purporting to act as the Electoral Commission was formed to conduct the elections of the new executives into office on 2nd April, 2022.
The plaintiff also included in his statement of support that, per the provisions of the Constitution of NUGS, the 3rd Defendant is required to publish a register of eligible voters prior to the conduct of the elections but, it failed to do so, and this has resulted in a suit he instituted at the Judicial Board of NUGS seeking among others for and order directed at 3rd Defendant to comply with the Constitution of NUGS, which order was granted by the panel.
Mr. Daniel Owusu Baffoe again said, the 3rd Defendant in blatant disregard for the order of the Judicial Board of NUGS proceeded to conduct elections without compiling and publishing a voters’ register to that effect, and at the end of the process, 4th Defendant [Dennis Appiah Larbi-Ampofo] was declared the winner and President-elect by EC.
The plaintiff disclosed that, the Electoral Commission’s disregard for the orders of the Judicial Board also resulted into the purported election of the following persons;
Joshua Opey – General Secretary
Francisca Lynn Willis –
Secretary for Finance
Ransford Tege – Secretary for Education
Amin Mohammed – Secretary for Innovation, Enterpreneuship and Skill Development
Jessica Twumasi – Women Development
Isaah Ahmed – Secretary for Union Development
Badu Kwarteng Kwadwo – Secretary for Welfare
Oppong Kyekyeku Alex – Secretary for International Relations
According to the plaintiff, some members of NUGS in disagreement with the illegality and impropriety occasioned by the 3rd Defendant [Electoral Commission of NUGS] in the conduct of the elections in the face of clear orders from the Judicial Board, proceeded to pass a resolution affirming the election of 5th Defendant [Kwasi Atuahene] as the President elect of the Union.
That, the said, affirmation by these members have resulted into Francess Gifty Ennim [General Secretary], Emmanuel Welso [Secretary for Welfare] and Paula Nuwordu [Secretary for International Relations] respectively of NUGS as executive officers.
He further explained that, where there are clear constitutional provisions prescribing the mode in which an act is to be conducted, the failure to follow such process renders the act nugatory.
Also, the relief explained that, the 3rd Defendant not being properly constituted did not have the capacity to organize and conduct the elections held on 2nd April, 2022.
The plaintiff also seeks from the Court to nullify the election of executive officers announced by the improper constituted Electoral Commission. This he believes that, the 3rd Defendant fails to compile and publish the register of eligible voters as provided for in the NUGS constitution and as further directed by NUGS Judicial Board renders the electoral process a nullity.
Mr. Daniel Owusu Baffoe, [The petitioner] again stated that, by virtue of clear provisions stipulated in the NUGS constitution on the prescribed mode of electing executive into office, the purported act of passing a resolution by some members of the Union to affirm the election of 5th, 7th, 13th and 15th Defendants as officers of NUGS is also unlawful an unlenable.
The plaintiff also argued that, the 4th Defendant [Dennis Appiah Larbi-Ampofo] and 5th Defendant [Kwesi Atuahene] are holding themselves as Presidents elect and have both published different dates for their respective swearing-in ceremonies and other activities.
As a result, the plaintiff is seeking from the High Court to restrain the two parties thus, Dennis Appiah Larbi-Ampofo led executive officers elect and Kwesi Atuahene led executive officers affirmed by resolution from holding themselves as executive officers of NUGS and restraining them from organizing their swearing-in ceremonies
He also sought from the Court to declare the electoral processes involving the election and affirmation of Defendants as unconstitutional and will be in the interest of justice to restrain parties until the determination of the said action.
Read below, the full Documents.