[2000]DLSC2354 • November 21, 2000 • Supreme Court •
NEW PATRIOTIC PARTY vs. NATIONAL DEMOCRATIC CONGRESS AND OTHERS
The New Patriotic Party (Plaintiff) filed a writ seeking declarations and injunctions against the National Democratic Congress (1st Defendant) and two individuals (2nd and 3rd Defendants) alleged to be civil/public servants nominated as parliamentary candidates, contending this violated Article 943b of the Constitution which disqualifies civil/public servants from being MPs. The Plaintiff relied on a newspaper publication reporting the nomination approval before the official nomination process commenced.
read moreMRS. JOYCE BAMFORD-ADDO, J.S.C.: The Plaintiff in this case filed a Writ and accompanying Statement of Case in this court for: i. A declaration that the decision by 1st Defendant to put forward 2nd and 3rd Defendants as candidates of 1st Defendant in the Parliamentary elections of year 2000 for Asante Akyem North and Bosomtwe Constituencies is inconsistent with and in contravention of the Constitution, in particular Article 94(3) thereof and is accordingly null and void and of no effect; ii. An order of perpetual injunction restraining 1st Defendant from putting forward 2nd and 3rd Defendants as its Parliamentary candidates in the 2000 election in so for as they are ineligible to be members of Parliament; iii. An order of perpetual injunction restraining 2nd and 3rd Defendants from standing as parliamentary candidates in the 2000 election in so far as they are ineligible to be members of Parliament. iv. Such other orders as this court may seem meet”. The gist of the Plaintif.....