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The candidacy of former President John Mahama to head the National Democratic Congress (NDC) in the next general election was the subject of a second trial a few days after the party primaries on February 23.
Edmund Palmer, a former NDC constituency secretary in Trobu, Accra, has started legal proceedings to prevent Mahama from contesting the party's next presidential election.
Edmund Palmer is asking the High Court to prevent the former president from being elected president of the CND as the former president of the Republic of Ghana without Parliament's authorization.
Citinewsroom.com reports that Mr. Palmer is seeking "a continuing injunction order prohibiting John Mahama from claiming re-election regardless of his status as President of the Republic of Ghana without the authorization of Parliament, in accordance with paragraphs 68 (2), 68 (3), 68 (4), 68 (5), 68 (6), 68 (7) and 68 (9) of the 1992 Constitution ".
He also wants the court to order Mr. Mahama to "close the activities of his campaign office set up to coordinate his activities with the aim of becoming a flag bearer / candidate for the presidency of the National Democratic Congress".
Mr. Palmer further wants Mahama to end all fundraising activities in support of his re-election bid without Parliament's approval.
First suit
This is the second lawsuit aimed at defeating the former president's will to lead the opposition party in the 2020 elections.
Ghanaian businessman Stephen Agyeman has also started legal proceedings to challenge Mahama's eligibility to run in Ghana's presidential elections.
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 impetus of the NDC is also sought by the plaintiff.
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.
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