[1992]DLHC715 • October 21, 1992 • High Court
BILSON vs. RAWLINGS AND ANOTHER
The plaintiff filed a suit seeking to restrain the first defendant, Jerry John Rawlings, from holding himself out or campaigning as the presidential candidate of the National Democratic Congress (NDC) in the 1992 presidential election, alleging that Rawlings was disqualified due to non-citizenship and other grounds. The plaintiff also sought to restrain the Interim National Electoral Commission (INEC) from including Rawlings' name in the election. The plaintiff claimed Rawlings was a non-Ghanaian citizen owing allegiance to a foreign country, thus disqualified under the Presidential Elections Law, 1992 (PNDCL 285).
read moreJUDGMENT OF ESSILFIE-BONDZIE J. This is an application made on behalf of the plaintiff for an order of interim injunction: (1). “To restrain the first defendant-respondent herein from holding himself out and/or campaigning on any platform or at any public forum as presidential candidate of the National Democratic Congress (NDC) in any part of Ghana pending the hearing and final determination of the suit. (2). To restrain the second defendant-respondent from including the name and particulars of the first defendant-respondent in the performance of its functions in relation to the conduct and supervision of the 3 November 1992 presidential election.” On 12 October 1992 the plaintiff sued the defendants, as indorsed on the amended writ of summons and amended statement of claim, for the following reliefs: (i). “A declaration that the first defendant, Jerry John Rawlings, is a person unfit and disqualified from standing for or holding the office of President of the Re...