The Supreme Court yesterday dismissed a writ seeking to prohibit two members of the National Democratic Congress (NDC) from holding public office and party positions.
Kwadwogah Adrah, who resides in the Volta Region, sued Paa Nii Lamptey and Ernestina Yawson for vying for political posts while working for the Ghana Highways Authority (GHA) and Ghana Education Service (GES) respectively.
The plaintiff also sued the NDC, GHA, GES, Electoral Commission (EC) and the Attorney-General (A-G).
According to Mr Adrah, the participation of the NDC members in the election was inconsistent with Articles 55 and 94 Clause (3) of the constitution.
However, the seven-member panel, presided over by Justice Sophia Akuffo declared that per the Civil Service Act, the Highways Authority Act and the GES Act, the NDC members were not civil servants but public servants and consequently dismissed the case.
The plaintiff, through his lawyer Alexander Afenyo Markins, had sought the true and proper interpretation of Articles 55 (8) and Sections 62 (6) of the Civil Service Act (1993) PNDC Act 327.
Adrah added that per the country’s constitution NDC members, who were civil servants, were not eligible to be elected as Members of Parliament (MPs) or hold any executive office in any political party.
In addition Adrah believes that the NDC violated against Article 94 (3) of the constitution by granting permission to Nii Lamptey to contest as a candidate in the constituency elections.
Furthermore, the plaintiff wanted the court to declare that the EC contravened Article 55 clause 94 (3) and Section 68 (2) of the Civil Service Act by allowing the names of the said persons to be included in the list of eligible candidates at the constituency level.
The State and Ec were represented by William Kpobi and Quarshie Idun respectively.
Other justices included Sophia Adinyera, Anin Yeboah, Baffoe-Bonnie, Vida Akoto-Bamfo, J. Benin and A.K. Akamba.
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