NEW PATRIOTIC PARTY vs. NATIONAL DEMOCRATIC CONGRESS AND OTHERS

The New Patriotic Party (NPP), a registered political party contesting the 2000 Parliamentary and Presidential Elections, filed a writ in the Supreme Court seeking declarations and injunctions against the National Democratic Congress (NDC) and others. The NPP alleged that the NDC's decision to nominate two civil servants as parliamentary candidates for the 2000 elections contravened Article 943b of the 1992 Constitution, which disqualifies civil servants from being members of Parliament. The NPP sought to restrain the NDC from putting forward these candidates and to prevent the candidates from standing for election. At the time of filing, the nomination exercise had not commenced, and the NPP relied on a newspaper publication reporting the NDC's intention to nominate the candidates.

JUDGEMENT Bamford-Addo JSC. The plaintiff in this case, a registered political party contesting the 2000 Parliamentary and Presidential Elections, filed a writ and accompanying statement of case in this court for: “(i) A declaration that the decision by the first defendant to put forward the second and third defendants as candidates of the first defendant in the 2000 Parliamentary Elections for Asante Akyem North and Bosomtwe Constituencies, respectively, is inconsistent with and in contravention of the Constitution, 1992, in particular article 94(3)(b) thereof and is void and of no effect. (ii) An order of perpetual injunction restraining the first defendant from putting forward the second and third defendants as is its parliamentary candidates in the 2000 Elections in so far as they are ineligible to be members of Parliament. (iii) An order of perpetual injunction restraining the second and third defendants from standing as parliamentary candidates in the 2000 Electi.....