Private legal practitioner Samson Lardy Anyenini has criticised the Electoral Commission (EC) for its disqualification of Joana Cudjoe, the National Democratic Congress (NDC) parliamentary aspirant for Amenfi Central.
According to him, the EC has made a significant error by basing its decision on an interlocutory injunction related to a previous election, which has since been annulled.
Speaking on Joy News’ PM Express on October 16, Anyenini explained that an interlocutory injunction is merely a provisional order, not a final judgment.
“An interlocutory injunction is not a final order of a court. It does not determine the rights of the parties. The fact that it restrains certain actions temporarily doesn’t mean the affected parties will not emerge victorious at the end of the case,” he explained.
He stated that the injunction in question pertained to the May 13, 2023, NDC primary election, which was later annulled by the party in September 2024.
A new election was conducted on September 8, 2024, with the EC itself supervising and declaring Joana Cudjoe as the duly elected candidate.
Samson Anyenini found it puzzling that the EC would disqualify Cudjoe based on an injunction from the earlier, annulled election.
“The EC supervised the fresh election on September 8, 2024, and declared her duly elected. How then does the EC turn around and disqualify her over a case that no longer exists?” he questioned.
He described the EC’s decision as “absurd” and “ill-advised,” urging the Commission to reconsider.
“The injunction related to the May 2023 election, which has been annulled. The fresh election in September 2024 has no injunction against it. The EC has overreached and acted unlawfully,” Samson Anyenini said.
The legal expert concluded by noting that injunction orders are provisional and can be vacated at any time.
“What if the injunction is vacated tomorrow? Does that mean the EC will retract its disqualification? This is not a valid ground for disqualifying a candidate,” he said.
Source: myjoyonline.com
