The Electoral Commission (EC) on Wednesday prayed an Accra High Court to strike out its name in the action brought by five members of the Peoples' National Convention (PNC).
This follows an application of injunction against the PNC, Dr Edward Mahama, the party's 2008 Presidential Candidate, Alhaji Ahmed Ramadan, Party Chairman, Bernard Monah, General Secretary of the party and the Electoral Commission (EC) of Ghana.
The plaintiffs want the EC to be restrained from supervising any party congress till a neutral committee comprising the Council of Elders and any party members, other than the national executives, is instituted to ensure a free, fair and transparent election in order to protect, defend and maintain the democratic principles of the country.
Mr Ibrahim Abass, Haruna Abass, Abukari Sadick Wiyor, Bernard Bama-Ame and Michael Anafo, all party members, are the plaintiffs.
The application for interlocutory injunction against five national executives of the People�s National Convention (PNC), including the four-time flag-bearer of the party, Dr. Edward Mahama, from organising their national delegates� congress slated for December 9-10, would have to be postponed for the second time.
Counsel for the EC, Mr James Quarshie-Idun at the Wednesday's sitting noted that the Commission was not mentioned in the statement of claim and the reliefs sought by the plaintiffs.
According to Mr Quarshie�Idun, at best, the EC could be mentioned as witness in the matter.
Dr Somtim Tobingah, who represented the plaintiffs, opposed the submissions made by the EC, saying Article 45 of sections 17, 1819, 20 of the Political Party Act enjoined the EC to conduct and supervise elections.
He said before a political party held a national congress, it must hold constituency and regional elections but that was not done by the PNC in 2007 yet the EC went head to supervise the National Congress.
Dr Tobiga said in the interest of democracy, the EC must be joined in the action.
Meanwhile, he raised a preliminary objection of the representation of the defendants by Mr James Agalga because it was a serious breach of professional and ethical obligation of the legal profession.
Mr Agalga, who represented the defendants, was of the view that the preliminary objection raised was inappropriate and misplaced because it was the General Legal Council that had the mandate to investigate the misconduct of practitioners.
He objected to the use of tactics to stop the party�s elections.
The court adjourned the matter to December 21 for ruling on the issues raised. Mr Ibrahim Abass, Haruna Abass, Abukari Sadick Wiyor, Bernard Bama-Ame and Michael Anafo, all party members, filed the injunction, which is also aimed at stopping the national executives from holding themselves out as party executives since their tenure was said to have expired.
Apart from that, the plaintiffs have also accused the national executives of fraud in the conduct of the 2007 constituency, regional and national delegates� congress of the PNC, and claim they also embezzled funds without regard to the laid down procedures and for their personal benefit.
In a supplementary affidavit in support of the motion, the plaintiffs alleged that after they prayed the court to restrain the defendants from holding themselves as leaders of the party, they convened a meeting of the National Executive Committee of the party to postpone the national delegates� congress which was scheduled for November 25 to 27, 2011.
According to them, the defendants continued to withdraw party funds and appear on radio and television stations to propagate and discuss their plans, programmes and projects relating to the holding of the congress after they had been served with the motion for injunction.
In addition, the plaintiffs said even though the four-year term of the party executives expired on November 30, 2011, they claimed to have constitutional authority to act as executives of the party based on the 1992 Constitution.
They therefore want the court to restrain the defendants from participating in any meeting of whatever kind or description of the PNC, or from organizing or permitting others to organise the delegates congress wherever or whenever, including in Sunyani.
Furthermore, they want the party executives to be stopped from introducing themselves as leader, general secretary and chairman of the party, or withdrawing any funds or soliciting for funds in the name of the party.
The plaintiffs, as indicated earlier also want the EC to be restrained from supervising any party congress till a neutral committee comprising the Council of Elders and any party members, other than the national executives, is instituted.
Source: GNA
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