Full text: NDC statement on EC's disqualification of Amenfi Central parliamentary candidate
Source: myjoyonline

Ladies and gentlemen of the press, party faithfuls, and the good people of Ghana, we appreciate your swift response to this urgent call, and we are grateful that you have gathered here on short notice to engage with us on a matter of immense national importance. Today, we stand before you to expose the unconstitutional, undemocratic, and provocative actions of the Jean Mensa-led Electoral Commission (EC), which have once again demonstrated its bias and incompetence by unlawfully disqualifying our duly elected parliamentary candidate for the Amenfi Central Constituency, Madam Joana Gyan Cudjoe. The facts surrounding this travesty are known to all. Yet, the EC, in an act of sheer disregard for legal processes and justice, has chosen to disqualify a candidate based on an expired and irrelevant interlocutory injunction tied to a completely different election. This blatant abuse of authority, this overt manipulation of the democratic process, and this audacious attempt to deny the people of Amenfi Central their right to representation cannot, and will not, be tolerated. The NDC, as a party founded on the core values of justice, equity, and democracy, will not sit idly by while the EC, a state institution, constitutionally mandated to safeguard our electoral process, turns itself into a political tool for the ruling government. What we are witnessing is nothing less than a direct attack on the fundamental pillars of our democracy, an attack that seeks to erode the rights of voters to freely choose their representatives. We recognize this for what it is: an orchestrated plot to weaken the NDC in key constituencies, tip the electoral scale and sabotage the will of the people. The Facts of the Case Ladies and gentlemen, let us set the record straight on the facts of this case, for they are not complicated, but rather a reflection of the blatant disregard for legal process and fairness by the Jean Mensa-led Electoral Commission. On May 13, 2023, the National Democratic Congress (NDC) conducted its parliamentary primaries in the Amenfi Central Constituency, where Madam Joana Gyan Cudjoe won overwhelmingly as the chosen candidate. However, following that victory, certain individuals who were dissatisfied with the outcome filed a lawsuit at the Sekondi High Court, questioning the legitimacy of the election. In response, an interlocutory injunction was secured, which temporarily restrained Madam Joana Gyan Cudjoe from holding herself out as the duly elected parliamentary candidate until the final determination of the substantive matter. Here’s where the situation becomes clearer: This injunction was not a final judgment. It was a temporary, provisional order—one that simply put a hold on the situation until the court could fully examine the claims. An interlocutory injunction, by its very nature, is never a final determination of the matter. It does not decide who is right or wrong. It does not pass a verdict. It merely maintains the status quo for the time being. However, as is often the case with legal processes, time was not on our side. After the injunction was issued, the court went on vacation, which meant that the NDC’s application to resolve the matter could not be heard. We were at an impasse. The NDC was faced with a difficult decision; wait for the court to resume, knowing that this would significantly delay the process, or take proactive steps to ensure that the constituency would have a candidate for the upcoming parliamentary elections. Recognizing the urgency of the situation, and mindful of the electoral timelines, the NDC’s Functional Executive Committee made the prudent decision to annul the May 13, 2023, elections and proceed with fresh primaries. This decision was necessary because the court was on vacation and time was running out for the party to present a parliamentary candidate. The annulment was not a concession of any wrongdoing, but rather a responsible move to ensure that democracy in Amenfi Central would not be held hostage by legal technicalities and the court's vacation schedule. Thus, on September 8, 2024, fresh elections were held. While four candidates initially contested the May election, for the September 2024 rerun, only Joana Gyan Cudjoe and the incumbent Peter Kwakye-Ackah filed and went through the party process. The election, conducted in accordance with all party rules and electoral guidelines, was supervised by the Electoral Commission itself, which was duly informed of every step we took. The process was transparent, and Madam Joana Gyan Cudjoe was once again declared the clear and decisive winner, without any protests or objections from the other candidate or any controversies surrounding the process. The September 8 election superseded the May election, making the earlier contest irrelevant and reinforcing Madam Joana Gyan Cudjoe's legitimacy as the NDC’s parliamentary candidate. Let me be clear on this point: the September 2024 election rendered the May 2023 election null and void. It effectively reset the clock. The interlocutory injunction tied to the May election became legally moot. The new election, conducted under fresh circumstances, was a legitimate process, fully compliant with the laws of Ghana, and with no legal challenge against it. Yet, despite these undeniable facts, the Electoral Commission, in an astounding display of incompetence and recklessness, has sought to disqualify Madam Joana Gyan Cudjoe. Their actions are based on the premise of an expired injunction that is no longer applicable. The May 2023 election, which was the subject of that injunction, no longer exists. It was annulled and replaced by the fresh September 2024 election, which is not being contested in any court of law. So, we ask the Electoral Commission: on what basis are you disqualifying Madam Joana Gyan Cudjoe? On what legal grounds do you justify this decision? Are you so blinded by partisanship that you would invoke a court order tied to an annulled election in an attempt to block a legitimate candidate? This is not only legally unsound but deeply dangerous for the future of our democracy. The NDC adhered to every legal requirement throughout this process. We annulled the earlier election to respect the injunction, even though the court was on vacation and the matter could not be promptly addressed. We acted responsibly by holding fresh elections within the required time frame to ensure that the people of Amenfi Central would have a candidate to represent them. The Electoral Commission was involved every step of the way, and yet, today, they stand before us attempting to use an expired legal order to disqualify our candidate. This is nothing short of a travesty of justice. It is a violation of the rights of our candidate and, more importantly, a violation of the rights of the people of Amenfi Central, who have made their voices heard through their votes. The decision to disqualify Joana Gyan Cudjoe is legally baseless, morally indefensible, and a slap in the face of our democratic principles. The Electoral Commission must explain to Ghanaians how they can justify such a blatant miscarriage of justice. They must explain how they can disenfranchise thousands of voters based on a court order tied to an election that no longer exists. And they must be held accountable for the damage they are doing to the credibility of our electoral system. The NDC will not accept this decision. We will fight it in the courts, we will fight it in the public arena, and we will fight it in every forum available to us. We will not allow this abuse of power to go unchecked. The rights of our candidate, the will of the people of Amenfi Central, and the future of our democracy demand nothing less. The Ghost of SALL Haunts Us Let us not forget that this is not the first time the Jean Mensa-led EC has acted with such reckless disregard for democracy. We all remember the tragedy of Santrokofi, Akpafu, Likpe, and Lolobi (SALL), where the EC willfully disenfranchised an entire constituency in the 2020 elections, leaving the people without representation in Parliament. The people of Ghana must not be fooled. The disqualification of Madam Joana Gyan Cudjoe is part of a broader pattern of misconduct by an Electoral Commission that has shown time and again that it is unfit to referee the democratic process. From SALL to Amenfi Central, the EC’s actions reveal a dangerous intent to rig elections not through the ballot box, but through legal trickery and administrative subterfuge. This latest travesty must not be allowed to stand. If we do not stop the EC now, then tomorrow it could be your constituency, your representative, your right to vote that is denied. To further expose the wicked agenda of the Jean Mensah-led EC, it has emerged that the Electoral Commission showed its true intentions when it issued the letter of disqualification on 10th October 2024, a full six days before even bothering to check whether the injunction had been stayed or vacated. This blatant disregard for due process is a clear indication of their bad faith. It wasn’t until 16th October that the EC wrote to the Sekondi High Court to inquire about the status of the injunction—a desperate and shameful attempt to justify an unlawful decision after the fact. This sequence of events exposes the Electoral Commission for what it is under Jean Mensa's leadership: a biased, politically compromised body that is more interested in serving the agenda of its handlers than upholding the law and the principles of democracy. No self-respecting referee would act this way. Imagine officiating a match, allowing one team to score freely, only to decide afterward that you need to check the rules. It is an absurdity that Ghanaians cannot tolerate. The EC supervised the acclamation of Joana Gyan Cudjoe, allowed her to go through the balloting process, and made no objections during these critical moments. And now, suddenly, they claim she is disqualified based on an injunction tied to an annulled election? This is not only incompetent but deeply malicious. A Sinister Agenda to Favor the NPP It is becoming increasingly clear that the Electoral Commission is no longer a neutral arbiter in our democratic process. Rather, it has become a tool in the hands of the ruling New Patriotic Party (NPP), to suppress opposition candidates and skew the playing field in their favor. The EC’s actions in Amenfi Central are but the latest in a series of calculated moves designed to deliver a parliamentary majority to the NPP by any means necessary. The disqualification of Joana Gyan is an attempt to gift the Amenfi Central seat to the NPP on a silver platter, just as they did in Hohoe with Peter Amewu. This is not mere incompetence. This is deliberate, premeditated, and unlawful conduct. Jean Mensa and her cronies are operating with impunity because they believe that they are untouchable. They believe that the NPP’s foothold in the EC grants them the license to abuse their power without consequence. But we are here to tell them that they are wrong. The NDC Will Fight Back Ladies and gentlemen, let it be known here and now: the EC is at war with the NDC. This is a war we did not choose, but one we will fight to the bitter end. We are not fighting for just a parliamentary seat; we are fighting for the very soul of our democracy. We are fighting for the fundamental right of every Ghanaian to be represented fairly, to have their voices heard, and to ensure that no institution, no matter how powerful, can trample on the will of the people. Let it be clear that the NDC will not fold its arms while Jean Mensa and her gang at the EC orchestrate this shameless and unlawful disqualification. We will not sit idly by while the Electoral Commission, in collusion with their masters in the NPP, dismantles our democracy one unlawful decision at a time. We see their agenda, and we will crush it. Let there be no doubt—we are ready for battle, and we will not rest until justice is served and the people of Amenfi Central get the representation they deserve. Following the EC’s unconstitutional and baseless disqualification, our Flagbearer, His Excellency John Dramani Mahama, and the leadership of the NDC wasted no time in giving a direct command to our legal team: take them to court and stop them in their tracks. This is not a request; this is an order. The NDC will use every legal weapon in its arsenal to ensure that the Electoral Commission’s unlawful actions are reversed. This is a fight for our democracy, and we will not lose. This morning, our lawyers, in swift and decisive action, served the Electoral Commission with court documents on the motion for an interlocutory injunction. The message is loud and clear: we will not allow this disqualification to stand. The court documents have been filed, and we have secured an injunction to restrain the Electoral Commission from printing ballot papers, from issuing notices of poll, and from taking any further steps toward the election in Amenfi Central until this matter is fully resolved. But understand this: the court battle is only one front in this war. We are not stopping there. The NDC is mobilizing, and our supporters across the country are ready to rise up in defense of democracy. We will not allow this injustice to pass. The people of Amenfi Central will not be silenced. The Electoral Commission has awakened a sleeping giant, and we will not back down. We will not surrender. Let it be known to Jean Mensa and her EC cronies: we see through your tricks. We know what you are trying to do. You want to turn Amenfi Central into another SALL, where an entire constituency was disenfranchised, where the voices of the people were silenced, and where democracy was hijacked. But hear us well: Amenfi Central will not be another SALL. Not on our watch. The NDC will fight back with everything we’ve got, and we will not stop until justice is done and the people’s will is restored. To our supporters, we urge you to remain resolute and ready. Stand prepared. This fight is far from over, and the next steps will be announced soon. We will need every hand on deck, every voice raised, and every heart committed to this cause, because the forces of darkness—those who seek to undermine our democracy with their disgraceful shenanigans—shall be defeated. They will not prevail. We will win this fight. This is not just a fight for Amenfi Central. This is a fight for the future of Ghana. This is a fight for every constituency, for every voter, for every Ghanaian who believes in democracy, fairness, and justice. The NDC will not rest. We will not allow the Electoral Commission to continue disgracing this nation with their corruption and incompetence. The NDC will fight. And we will fight until we win. Let the Electoral Commission and their handlers understand this: the days of impunity are over. You will be held to account for your actions, and you will be brought to justice. This is our final warning. Conclusion: To conclude, we urge all our fellow Ghanaians to stand together to protect our democracy. Under the leadership of Jean Mensa, the Electoral Commission is steering us towards a future where elections are not decided by the will of the people but by bureaucrats and political operatives who pull strings from behind closed doors. This is not the Ghana that Kwame Nkrumah envisioned. This is not the democracy that our forefathers fought and bled for. The disqualification of Joana Gyan Cudjoe is not just an attack on the NDC; it is an attack on the rights of every single Ghanaian who believes in fairness, justice, and the sanctity of the ballot box. This decision strikes at the heart of our democratic values. It undermines the very foundation upon which our electoral system stands. We call on all well-meaning Ghanaians, civil society organizations, legal practitioners, and defenders of democracy to condemn this outrageous act. This is not merely an NDC issue; this is about the future of our country. We must not allow a compromised institution like the EC to dictate the outcomes of elections through underhanded and unlawful tactics. The NDC will not rest until the Electoral Commission is held fully accountable for this disgraceful abuse of power. We will not rest until the people of Amenfi Central have their rightful representative in Parliament, chosen freely and fairly by the people, not by an overreaching and corrupt institution. And we will not rest until Jean Mensa and her cohorts are removed from office and replaced by individuals who genuinely respect the rule of law and the democratic principles that guide this nation. We will fight this battle on every front—in the courts, on the streets, and in the hearts and minds of the people. The NDC will continue to fight for the soul of this nation because we know that the forces of darkness—those who conspire to undermine our democracy—shall not prevail. Democracy will win. Justice will win. The people will win. Thank you.