NDC requests that the court dismiss Duffuor’s ‘incompetent’ lawsuit.

by Mawuli
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Source: newsthemegh.com

The National Democratic Congress (NDC), the party in opposition, has asked the high court to reject an injunction petition Kwabena Duffuor filed against the party’s 13 May 2023 presidential and parliamentary primaries.

Dr. Duffuor said in his writ that only 220 out of the 275 constituencies’ data had been independently validated. He added that a remarkable list of 74,799 people has been compiled, but the list cannot be validated due to the lack of information.

He mentioned, among other things, that 3,910 qualified voters at the 220 seats had been disenfranchised for no discernible reason.

In response, the party claimed that the plaintiff’s lawsuit should be dismissed in limine because it is incompetent.

“Again, the plaintiff has not been able to show that it is just or convenient for the honourable court to grant the injunction that he seeks on the face of his pleadings and affidavit,” the court stated.

We consequently ask the court to reject the current application.

The party went on to say: “Our respectful submission is that the plaintiff has been unable to demonstrate that he has a right to be given a photo album because of the NDC guidelines for the presidential primaries and the NDC constitution, and the NDC has refused to give him the same.”

The side asserted, “The Plaintiff has not cited any provision to support his claims.”

A contesting presidential candidate’s right to a photo book is not addressed anywhere in Article 42 of the NDC constitution, the lawyers countered, adding: “In fact, Article 42 of the NDC constitution deals with the election of presidential candidates.”

Given that, the plaintiff cannot argue that his right has been violated or is going to be violated and that it should be protected by this court.

“Our humble submission is that the instant application should be dismissed as frivolous because the Plaintiff has failed to establish a legal right.”

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