The Tamale High Court has set March 15, 2024, to make a determination on an application filed by the New Patriotic Party (NPP) to set aside an interlocutory injunction on the outcome of the party’s parliamentary primary in the Walewale constituency in the North East region held on January 27.
The High court presided over by His Lordship, Justice Richard Kogyapwah, last month granted an ex parte application submitted by the incumbent NPP Member of Parliament, Hajia Lariba Zuwera Abudu, to restrain Dr Kabiru Tia Mahama from holding out as the elected Walewale constituency NPP Parliamentary candidate for the 2024 general elections.
Lawyer of the governing party, Gary Evans Nimako on Thursday (February 15, 2024) prayed the court to dismiss the injunction application which was granted for 10 days saying it was premature.
Speaking exclusively to THE CUSTODIAN, Lawyer Nimako said, “We asking the court to look at the very rules that governed the internal primaries of the party [the rules governing where we have sitting MPs], its very simple that, if there’s any dispute arising out of the elections, go back to the party first with a petition, you don’t come to court”.
He said the plaintiff at this instance has not complain to the party about any issue regarding the conduct of the primary, adding what we have now is that the court now made us aware that she’s come to court complaining about election results.
“We’re simply saying the court should dismiss the action and she should come to the party. The rule in party is binding on all members; if you’re independent candidate or you’re NDC person then you’re free to do whatever you like but if you’re a member of the party it binds you. So we want the court to set aside the writ so that she comes to the party to exhaust the internal grievances procedures” he maintained.
But the counsel for the plaintiff, Sylvester Isang Esq, vehemently opposed the application of the second defendant seeking the court to dismiss the injunction application and argued the court under Constitutional Instrument (C.I 47) is mandated to grant the writ of orders as presented by the plaintiff.
He argued the internal rules and regulations of any organization [i.e political party] are not above the constitution of Ghana, the courts Act and C.I 47.
He stressed that it was therefore unconstitutional and against public policy that a person is barred from going to court without exhausting the internal procedures and dispute resolution mechanisms.
