An Accra High Court, presided over by Justice Georgina Mensah- Datsa, on Thursday struck out a suit challenging the election of a presidential candidate by the National Democratic Congress.
This follows an agreement between the NDC and the plaintiffs – Albdallah Issah, a branch communication officer and James Kabu Nartey-Oman, a branch secretary of the NDC in the Bortianor/Ngleshie Amanfro Constituency to settle the matter out- of- court.
When the case was called on Thursday counsel for the NDC, Mr Samuel Cudjoe told the court that the two parties agreed on terms of settlement on January 14, 2019 and subsequently filed it at the court.
He prayed the court to adopt it as consent judgement.
Lawyer for the plaintiffs, Mr Christopher King confirmed that his clients had indeed agreed to the terms of settlement and were discontinuing with the case.
The court adopted the terms of settlement as consent judgement and struck out the suit as withdrawn.
The two caused the writ to be issued on December 18, 2018 seeking a number of reliefs, including a declaration that the published guidelines for the conduct of the presidential election was null and void.
The applicants were also asking for a declaration that the introduction of certain eligibility criteria as condition precedent for presidential candidates as part of the said guidelines provoked the letter and spirit of the NDC Constitution.
They also wanted the court to declare that the procedure adopted by the NDC via the National Executive Committee (NEC) in the preparation and presentation of the guidelines, together with the amendments without prior consultation with the National Council of Elders constituted a violation of the party’s constitution.
A further declaration that the usurpation by the Functional Executive Committee of the powers and responsibilities of the National Executive Committee in respect of the guidelines for the conduct of the presidential elections was unconstitutional.
An order directing the NDC to conduct its 2019 Presidential Election in a free, fair, transparent and inclusive manner in accordance with the NDC’s Constitution.
They additionally wanted the court to restrain the NDC, its committees and agents from proceeding with the 2019 Presidential Election in the manner outlined in the said published guidelines and amendment until the final determination of the suit.