Professor Stephen Kwaku Asare, a D&D Fellow in Public Law and Justice at CDD-Ghana, has reacted to the Electoral Commission’s (EC) disqualification of Joana Gyan Cudjoe from contesting as the National Democratic Congress (NDC) parliamentary candidate in the Amenfi Central constituency for the upcoming December 7 elections.

This decision follows a petition pointing to a pending court order of interlocutory injunction, which restrains the Commission from recognising her as the party's candidate.

In a letter dated October 16, 2024, signed by its Deputy Chairman of Operations, Samuel Tettey, the EC cited a High Court order from Sekondi, issued on Friday, 31 May 2024, which is central to the decision.

"The Commission’s attention has been drawn to an Order for Interlocutory Injunction dated 31st May 2024 in respect of a suit entitled Gyedu Frimpong & 4 Others Vrs Joana Gyan Cudjoe, the National Democratic Congress & the Electoral Commission (Suit No. E12/36/24) by the High Court, Sekondi," the EC noted.

The court order specifically restrains Mrs. Cudjoe from holding herself out as the duly elected NDC parliamentary candidate until the final determination of the case. The petitioners behind the injunction had raised concerns over the authenticity of Mrs. Cudjoe’s voter identification.

This legal battle follows an earlier dispute regarding her candidacy. Ms. Cudjoe had initially been elected as the NDC parliamentary candidate, but her victory was annulled by the party at the national level due to ongoing litigation. A fresh primary was organised, and she was re-elected by popular acclamation.

Despite her recent success in the party’s internal elections, the EC explained in its letter that the court order "has neither been stayed nor vacated, hence the Commission is bound by same."

Reacting to this in a Facebook post, Professor Asare criticised the EC for being too eager to disqualify the candidate.

According to Prof. Asare, “the Court has not disqualified the candidate, nor has it directed the EC to do so.”

He added: “The EC seems too eager to disqualify.”