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NDC Flagbearer Primaries: Lawyer urges courts to set hearing dates that don’t disrupt litigation subject matter

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A legal practitioner, Professor Kwaku Asare, has called on courts in Ghana to be mindful of setting hearing dates that could potentially destroy the subject matter of litigation. This comes in the wake of the National Democratic Congress (NDC) filing an abridgement of time at the courts to have the suit filed by flagbearer aspirant Dr Kwabena Duffuor against the party heard on May 12. The NDC had requested that the suit be heard on May 11 but the court pushed it to the following day, citing impossibility.

In response, the Director of Legal Affairs of the NDC, Abraham Amaliba, accused Dr Duffuor and his camp of going to court out of ignorance. Speaking on 3FM’s Hot Edition on May 10, Mr Amaliba suggested that most of the grievances could have been settled without court intervention.

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Dr Duffuor had secured an injunction against the party’s primaries, scheduled for May 13, after discovering flaws in the album. In the writ filed on May 9, he alleged that the hard drive contained only 220 constituencies instead of 228, adding that an initial verification by his representatives established errors and inaccuracies. This, he claimed, rendered the Photo Album Register unreliable for free, fair and credible elections.

The High Court had scheduled May 15 for deposition from the plaintiff, which would have indefinitely postponed the primaries. The Electoral Commission, Ghana (EC), was served with the injunction notice on May 10 and subsequently dissociated from the polls.

Mr Amaliba has since insisted that the album is complete and available for Dr Duffuor’s team and the other two candidates. He also claimed that a meeting with Dr Duffuor’s camp on a petition raised earlier had been abandoned for no reason.

For the most part, the issue seems to revolve around the NDC’s flagbearer primaries and allegations of irregularities. However, it is essential to note that both parties involved have accused each other of ignorance and abandoning meetings. The court’s decision to push the hearing date by a day also highlights the need for courts to consider the subject matter of litigation when setting hearing dates.

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