An Accra High Court has granted an interlocutory injunction on the North Tongu Constituency of the National Democratic Congress (NDC) in the Volta region, restraining the party from holding its parliamentary primaries in the constituency slated for Saturday, November 21, 2015.
A writ of summons filed yesterday with Suit No. GJ/33/2015, by counsel for the Plaintiff, Christopher Kofi Eleblu, prayed the court for a number of reliefs including a declaration that the plaintiff is a proven leading member of the NDC.
The defendants are the National Democratic Congress (NDC), Mr. Kofi Portuphy, National Chairman, Volta Regional NDC Chairman, Mr. Joseph Kwabena Gyapong, and North Tongu Constituency Chairman, Mr. Moses Amenudor.
It would be recalled that the NDC National Petition Review Committee on Friday, October 14, 2015 disqualified Mr. Eleblu on grounds that he had been arraigned before an Accra High Court (Financial Division) for defrauding the State to the tune of GHC 646,000.00.
Mr. Eleblu, a former Director of Internal Audit Unit at the Ministry of Health (MOH), was said to have received payment in 2008 for a maintenance contract which was never executed.
Following his disqualification, Counsel for Eleblu, Hansen Kofi Adde, petitioned the General Secretary of the NDC, Mr. Johnson Asiedu Nketia, and other high profile executives of the party including the former President, Flt. Lt. Jerry John Rawlings, and President John Dramani Mahama.
The lawyer questioned the legality, authenticity and integrity of the writ of summon suit No. FTRM/110/2015, and consequently pleaded with the National Executive Committee (NEC) of the NDC to clear Mr. Eleblu to allow him contest the primaries.
The petition, dated October 16, 2015, asserted that the alleged court process does not bear any discernible stamp of the High Court of Justice, neither does it have the facts sheet and other attached documents stamped by the High Court.
“That the document equally bears the signed stamp of the Attorney-General’s Department of the Republic of Ghana although it was alleged to have emanated from the Chambers of the Attorney-General,” the petition asserted.
It challenged that the said process also bears a date (August 19, 2015,) during which time the High Court of Justice was on its annual vacation. The lull during which the said process was purposely filed did not fall within the 2015 legal year and so the suit No. in itself smacks of subterfuge.
But the NDC National Petition Review Committee ignored the petition and went ahead to disqualify Mr. Eleblu
The writ which was intercepted by Today said the plaintiff aside from being a leading NDC member in North Tongu Constituency was also an aspiring parliamentary candidate of North Tongu NDC.
The plaintiff further identified himself as one who contested in previous NDC parliamentary primaries in 2012 in North Tongu constituency on the ticket of the NDC which primaries he narrowly lost to the incumbent Member of Parliament for the area, Mr. Samuel Okudzeto-Ablakwa.
It stated that “the fist defendant herein is a national political party registered under the law of Ghana and which political party constitutes the current government in power.
“…the 2nd and 3rd defendants are adjunct of first defendant party in which region and constituency, North Tongu is situated.”
According to the plaintiff, by the 1992 first Republican Constitution, he was adequately qualified to vote and be voted for in any election organised for political purpose in Ghana by the Electoral Commission (EC).
The North Tongu is one of the twenty six constituencies where the NDC will be holding parliamentary primaries on Saturday, November 21, 2015 to elect candidates ahead of the 2016 elections.
But Mr. Eleblu has filed a writ in Accra High Court asking the court to stop the NDC parliamentary primaries in North Tongu until a final determination of the case is made.
Meanwhile, information available to Today indicates that the High Court has set aside Friday, November 13, 2015 to hear the case filed by Mr. Eleblu.
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