Private legal practitioner Samson Lardy Anyenini has criticized the Electoral Commission (EC) for disqualifying Joana Gyan Cudjoe, the NDC’s Amenfi Central parliamentary candidate, based on an interlocutory injunction.
According to Mr Anyenini, relying on such an injunction as grounds for disqualification is legally flawed, as it is a temporary order that does not carry the legal weight to settle a dispute or disqualify a candidate without a final ruling.
“An interlocutory injunction is not a perpetual injunction, and it does not determine the rights of the parties involved. So, to use that as the basis for disqualification is not only premature but also legally flawed,” Anyenini explained while speaking on PM Express.
He noted that the EC’s decision was especially questionable because the May 2023 election, which was the subject of the injunction, had been annulled by the NDC, and a fresh election took place in September 2024 under the supervision of the EC. Joana Gyan Cudjoe was declared the winner in the September election.
“The Electoral Commission supervised the September 2024 election and declared Joana Cudjoe duly elected. So, it’s baffling that they would later disqualify her based on an injunction tied to the annulled May election,” Anyenini added.
Mr Anyenini emphasized that the injunction was tied to an election that no longer had legal standing and warned that the EC’s actions could be considered an overreach of its authority.
“The injunction relates to the May 2023 election. There’s no suit regarding the September 2024 election. It sounds absurd that the EC would disqualify her based on an issue that has already been settled through a fresh election,” he said.
He also raised concerns about the EC’s haste in issuing the disqualification and highlighted the potential implications if the injunction were vacated.
“Suppose the injunction is vacated tomorrow—what happens to the EC’s disqualification then? It simply shows that the EC jumped the gun,” Anyenini concluded.