The Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, has challenged the Electoral Commission’s (EC) authority to disqualify Joana Gyan Cudjoe, the National Democratic Congress (NDC) parliamentary candidate for Amenfi Central, from contesting in the December elections.
The EC disqualified Ms. Cudjoe on Wednesday, October 16, citing a pending injunction on the NDC’s primary election, which had already been annulled. However, Dafeamekpor argues that the EC does not have the legal power to refuse her candidacy based on this reason.
Speaking in an interview with Selorm Adonoo on Channel One TV’s Big Issue on Saturday, October 19, the South Dayi MP asserted that only a court can declare a candidate ineligible, as stipulated by law.
He accused the EC of overstepping its mandate and questioned the letter’s legitimacy informing Ms. Cudjoe of her disqualification.
“The EC has acted beyond its powers,” Dafeamekpor said, emphasizing that disqualifying a candidate based on a previously resolved injunction is not within the EC’s jurisdiction. He called on the EC to provide a legal justification for their decision.
According to Dafeamekpor, the EC’s letter of disqualification was on the premise that “there is a certain pending injunction” that stated that Joana Cudjoe should not hold herself as the parliamentary candidate of the NDC.
However, that order was based on the basis of an election that had already been annulled.
“Then out of the blue on the 10th of October, this letter erupted from the electoral commission, but I’m looking at the legality of the letter. Because the pendency of an injunction cannot render a party ineligible to contest an election.
“You allow the matter to be determined by a court. If the court makes a final pronouncement, whatever the outcome, the EC always has the power to regularise the process. Either the court decides that you were not fit to contest and, therefore, if you had won the elections, you vacate your seat, or the EC has the power to organise a by-election.
“So to say that because there is a pending injunction, I will not allow you to contest in the public elections, with all due respect to EC, they don’t have such powers. It is only the court of law that can render a person ineligible in the law”, he added
