Nana Yaw Ntim and Anor v. Kingsley Carlos Ahenkorah and Anor
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE NOVISI AFUA ARYENE (MRS.)
Areas of Law
- Constitutional Law
- Civil Procedure
- Evidence Law
- Administrative Law
- Election Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiffs contested the National Appeals Committee’s decision to allow the 1st defendant, a non-Ga indigene, to contest in the Tema West Constituency primaries, arguing it violated the NEC guidelines and Party's Constitution. The court held that the NEC's restriction was discriminatory and void, emphasizing constitutional guarantees against discrimination. The court validated the 1st defendant's vote transfer and upheld his nomination and election, dismissing the plaintiffs' case for lack of merit. The court noted that any changes to the Party's Constitution must follow stipulated procedures and criticized the Party's conduct, advocating finality to the dispute and reconciliation.
Plaintiffs and 1st defendant are members of the New Patriotic Party, the 2nd defendant herein(hereinafter referred to as The Party). At a meeting of the Party’s National Executive Committee(NEC) on 23rd of March 2015, an affirmative action was taken to allow only Ga Indigenes to contest parliamentary seats in coastal areas within the Greater Accra Region including the Tema West Constituency.
The rationale was to address complaints of the Ga voters, ensure ethnic balance and make the Party more attractive to Ga voters.
In furtherance of this and other decisions, guidelines were issued for the conduct of the Party’s Parliamentary primaries.
In the Tema West Constituency, the following aspiring candidates were vetted by the Party’s Constituency Vetting Committee: the incumbent Member of Parliament, Hon.
Irene Naa Torshie Addo, 1st defendant and Mrs. Adjoa Amoako.
1st defendant and Mrs. Amoako were disqualified by the vetting committee on grounds of being non-Ga indigenes.
Dissatisfied, 1st defendant appealed to the Party’s Regional Vetting Appeals Board and the decision of the constituencyvetting committee was overturned.
Dissatisfied, plaintiffs herein together with some othersappealed to the National Appeals Committee of the Party who upheld the decision of theRegional Vetting Appeals Board.
Having been cleared by the Party, 1st defendant contested the primaries in the Tema West Constituency and won.
It is plaintiffs’ case that the decision of the National Appeals Committee to permit a non-Ga tocontest the primaries, amounted to a variation of the guidelines given by the NEC and was therefore void.
And that per the Party’s Constitution, the NEC was responsible for directing and overseeing the Party’s operations and activities and in performing its functions, was subject only to the National Council.
Therefore by varying the guidelines without reference to the National Council, both the National Appeals Committee and the General Secretary of the Party flouted the Party’s Constitution.
Plaintiffs averred that consequently, 1st defendant’s purported election bythe Party as its parliamentary candidate for the Tema West constituency is null and void and ofno effect.
Plaintiffs’ case is that it was a requirement in the Party’s Constitution that every contestant of the primaries must be a registered voter in the constituency in which he seeks election.
And that 1stdefendant did not satisfy this requirement.
1st defendant disputed the claims and aver