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A Ghanaian businessman challenges the eligibility of former President John Mahama in the presidential election in Ghana.
Stephen Agyeman is asking the High Court to declare that Mr. Mahama, by raising funds to support his candidacy for the election of the flag bearer / presidential candidate of the National Democratic Congress (NDC) as a "political party". former President of the Republic of Ghana, violates Article 68 (2) of the 1992 Constitution.
He also requests that the Respondent, as former President of the Republic of Ghana, have raised funds in support of his candidacy to be elected flag bearer / NDC presidential candidate, without Parliament's authorization. (2) of the 1992 Constitution.
He further asks the court to conclude that the creation of a campaign office by former President Mahama in order to coordinate his activities in order to become flag bearer / NDC presidential candidate is an office of emolument or profit in the context of section 68 (2) of the 1992 Constitution and that it was created without the authorization of Parliament violates the law. Article 68 (2) of the 1992 Constitution.
Another statement that he requests is that, pursuant to Articles 66 (1) and 66 (2) of the 1992 Constitution, the defendant was not qualified to be a candidate for re-election to the Presidency of the Republic. Republic of Ghana under the leadership of the NDC. is also sought by the applicant.
emolument
A statement that seeking to be elected by the defendant for the presidency of the CND was contrary to Articles 66 (1) and 66 (2) of the 1992 Constitution due to the fact that the defendant had received the benefits and emoluments of a former president twice and, therefore, a third attempt violated the letter and the spirit of Article 66, paragraphs 1 and 2, of the 1992 Constitution.
In addition, the plaintiff wishes the court to declare that under sections 68.2, 68-3, 68.4, 68.5, 68.7 and 68.9 of the 1992 Constitution, former President Mahama can not claim to be re-elected to the Presidency of the Republic of Ghana.
A lawyer, Mr. Simon Okyere, filed the writ of summons on behalf of the complainant in Accra on Friday, February 15, 2019.
Declaration
According to the statement accompanying the summons, the plaintiff was a Ghanaian citizen seeking to protect the Constitution of the Republic.
The defendant left his post as President of the Republic after his defeat as President in the 2016 elections.
The plaintiff submits that, having lost the 2016 presidential election presided over by Nana Addo Dankwa President Akufo-Addo, the defendant began to enjoy all the privileges and courtesy of a former president under Article 68 (4) of the 1992 Constitution.
The statement claimed that the defendant had filed his nomination to challenge the NDC presidential primaries in order to be elected presidential candidate for running in the national presidential elections in 2020.
According to the plaintiff, the defendant, as part of his ambition to be elected a presidential candidate of the CND "set up a campaign team with a campaign office for his personal benefit, his advantage or its advantage of becoming the presidential candidate of the National Democratic Congress (NDC) for the 2020 presidential elections. "
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