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Nana Yaw Ntim and Anor v. Kingsley Carlos Ahenkorah and Anor

June 10, 2016

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE NOVISI AFUA ARYENE (MRS.)

Areas of Law

  • Constitutional Law
  • Human rights Law
  • Administrative Law
  • Civil Procedure
  • Evidence Law

AI Generated Summary

The High Court, per H/L Justice Novisi Afua Aryene, dismissed a suit by New Patriotic Party members seeking to nullify Carlos Ahenkorahs selection as the NPPs parliamentary candidate for Tema West. The NPPs NEC had announced affirmative-action guidelines to allow only Ga indigenes to contest coastal Greater Accra seats. After initial disqualification as a non-Ga, Ahenkorah was cleared by the Regional Vetting Appeals Board and the National Appeals Committee, contested the primaries, and won. Plaintiffs argued the Appeals Committee unlawfully varied NECs decision without National Council approval and that Ahenkorah was not a registered voter of Tema West. The court held the Ga-only rule discriminatory and unconstitutional under Articles 12(2) and 17, inconsistent with the NPP Constitution (Article 11(4)), and that only a National Delegates Conference (Article 18) could amend party qualifications. It further held Ahenkorahs vote transfer under CI 75 valid, the prior High Court ruling binding (res judicata), and the Party estopped under Evidence Act s26 from disputing his selection; the action was dismissed without costs.

JUDGMENT