The opposition National Democratic Congress (NDC) has prayed the high court to dismiss an injunction suit filed by flagbearer aspirant Kwabena Duffuor against the party’s 13 May 2023 presidential and parliamentary primaries.
In his writ, Dr Duffuor argued that data from only 220 out of the 275 constituencies have been verified.
He also said an exceptional list of 74,799 has been created which cannot be verified because of scanty information.
For no credible reason, he noted, among others that 3,910 eligible voters at the 220 constituencies have been disenfranchised.
However, the party, in a response, said: “We submit that the plaintiff’s suit is incompetent and, therefore, ought to be dismissed in limine”.
“Again, the plaintiff has not been able to demonstrate on the face of his pleadings and affidavit that it is just or convenient for the honourable court to grant the injunction that he seeks”.
“We, therefore, pray that the court refuses the instant application.”
The party added: “Our respectful submission is that the plaintiff has been unable to demonstrate that by reason of the NDC guidelines for the presidential primaries and the NDC constitution, he has a right to be given a photo album which the NDC has refused to give same to him”.
“No provision has been cited by the plaintiff to support his claims”, the party averred.
The lawyers counter-submitted: “In fact, Article 42 of the NDC constitution deals with the election of presidential candidates”, explaining: “In that provision, nowhere is it mentioned that a contesting presidential candidate is entitled to a photo album”.
“That being the case, the plaintiff cannot claim that his right is about to be breached or has been breached and, hence, deserves the protection of this court.
“Our humble submission is that the plaintiff, having failed to establish a legal right, the instant application ought to be dismissed as being frivolous.”
Source: classfmonline.com
