ALBERT KWASI ZIGAR v. NATIONAL DEMOCRATIC CONGRESS (NDC) & FIIFI FIAVI KWETEY

Judge Kweku T. Ackaah-Boafo of the High Court ruled on a motion by the National Democratic Congress (NDC) and its Ketu South parliamentary candidate to strike out an action brought by an aspirant challenging his disqualification from the 2015 parliamentary primaries. The defendants argued the aspirant lacked capacity under the partys amended constitution, failed to exhaust internal grievance procedures, and that his pleading disclosed no reasonable cause of action under Order 11 r 18. The plaintiff countered that he rejoined the NDC in January 2013 under the 2010 constitutions two-year rule, cited discriminatory treatment compared with Abdallah Abubakari and Dr. Joseph Marboah-Rockson, and showed he pursued vetting appeals and the complaint and conflict resolution committee led by Hon. Huudu Yahya. The court held that capacity, membership, and eligibility questions require viva voce evidence; that the plaintiff reasonably pursued internal processes which the party truncated; and that serious issues of general importance warrant trial. The motion was dismissed, defendants were directed to file witness statements, and costs of GH3,000 were awarded.