A Koforidua High Court (4) has nullified the Eastern Regional Youth Organizer election of the opposition National Democratic Congress, NDC.
The ruling of the court presided by His Lordship Nana Yaw Gyamfi Frimpong
On Thursday December 8,2022 comes less than 48 hours to the national youth organizer conference to be held in Cape Coast in the Central Region Saturday December 10,2022.
The immediate past Eastern Regional Youth Organizer Emmanuel Okai Minta initiated the court process to challenge the legality of the Regional youth organizer election held on November 11,2022 at Nsawam .
During that election, his deputy Regional youth organizer Richard Etornam Nyarko won 55 votes as against 52 votes polled by Okai Minta
Fohad Abgenyadzi had 51 whiles Tetteh Nathaniel polled 23 to secure two deputy youth organizer positions.
According to the plaintiff ,the Constituency youth organizers ,their deputies and other youth executives from Afram Plains South and Atewa West were not eligible to take part in the election because the Functional Executives committee of the party had nullified the elections in the said constituencies in a press release.
That, they ought not have taken part in the election.
The plaintiff prayed the court to place perpetual injunction restraining Richard Etornam Nyarko from holding himself as Regional Youth Organizer or any other executive within the Regional executive committee until fresh election is conducted.
A declaration that Atiwa West and Afram Plains South illegally voted at the youth wing elections held on November 11,2022 ,and an order to annul the Eastern Regional Youth wing election by virtue of the aforesaid infractions.
However, the defence counsel Lawyer Edudzi Tamakloe in affidavit in opposition filed subsequent press release issued by the Acting Director of election at the NDC headquarters, Daniel Amartey, withdrawing their earlier decision and upholding the legitimacy of the election.
But the Judge,in his ruling stated that the subsequent press release purportedly issued by Daniel Amartey is invalid since it lacks originality.
He also said the applicant stated he wrote a petition dated 14th November,2022 to the General Secretary of the NDC in which he raised the issues in his action and the application herein,three days after the elections as a means of using the internal mechanism for the issue to be addressed.
That, the petition was copied to all the appropriate structures of the party but was ignored.
The Judge therefore upheld the application of the plaintiff and nullified the regional youth organizer election but said the court cannot direct the NDC to hold fresh election since it is subject to internal arrangement of the party.
“In the circumstances, it is declared that the 6 delegates from Atiwa West and Afram Plains South constituencies who participated and voted in the youth wing elections held on 11th November ,2022 were not entitled to have taken part which made their votes illegal. The said election is therefore declared null and void.
“Accordingly, respondents are restrained from upholding the youth wing elections of the 1st Respondent (NDC) held on 11th November,2022.The 5th Respondent (Richard Etornam Nyarko) in particular is restrained from holding himself as a duly elected Eastern Regional youth organizer of the 1st Respondent or participate in any national or Regional executive committee or taking part in any elections in his capacity as or by virtue of having been elected as Youth organizer until fresh you wing elections are held”.
The judge concluded the ruling that ” I cannot however grant the relief 3 by ordering the 1st Respondent to liaise with the 4the respondent to organize a fresh Youth wing elections in the Eastern region since the party has the right to change its internal organisation and structures for elections and may put in place different structures for the effective and credible elections “.
The ruling therefore means the Regional Youth organizer Richard Etornam Nyarko, his two deputies and six other delegates from Atiwa West and Afram Plains South an cannot vote in the upcoming national executives election pending any other application to set aside the ruling.
Edudzi Tamakloe to the media that, he will consult with his client in the next line of action.
However, Lawyer Isaac Larbi Esq ,a member of the defence team said they may file certiorari application against the ruling on grounds that the court proceeded to grant the relies on the writ in an injunction application when the merits of the case is yet to be determined.
Meanwhile , another High Court in Koforidua has granted injunction against Atiwa East Constituency executives of the NDC hence cannot take part in the National Executives election.
Source: Mybrytnewsroom.com/Obed Ansah
