The EC wants the NDC to resolve its internal disagreements and outstanding legal issues before it can supervise the elections for the party.

This came to light on Wednesday afternoon after a meeting between the leadership of the NDC and the electoral body.

According to the electoral body, going ahead to supervise the primaries would amount to contempt of court.

The EC disclosed its decision to agents of the aspirants and the leadership of the NDC after a meeting on Wednesday (May 10, 2023).

“Yesterday we were served with an Application for Interlocutory Injunction seeking to restrain the Commission from supervising the conduct of the Presidential and Parliamentary Primaries due to the alleged anomalies with the register, Chairperson of the Commission, Mrs. Jean Mensa said.

“Gentlemen, in order that we are not cited for contempt, the Commission has taken the decision not to supervise the conduct of the Presidential and Parliamentary elections until the determination of the case by the court,” she said.

EC letter on NDC primaries

After the meeting and the verbal communication the EC has since sent a formal letter to the General Secretary of the NDC

"Further to our meeting this afternoon on the above mentioned subject, we write to formally inform you that having been served with an Application for Interlocutory Injunction seeking to restrain the Electoral Commission from supervising the conduction of the presidential and parliamentary primaries of the National Democratic Congress, the commission will not be able to supervise the conduct of the said Elections slated for Saturday 13th May, 2023 until after determination of the mater," the EC letter signed by chairperson Mrs Jean Mensa stated.

One of the presidential candidates in the primary, Dr Kwabena Duffuor on Tuesday (May 9, 2023) filed a suit at the High Court in Accra against the party following what he says were some discrepancies identified in the party’s voters register which is going to be used for the exercise.

He also applied for an interlocutory injunction to restrain the party and the EC from going ahead with the elections. 

In the writ, Dr Duffuor accused the party of failing to provide the required photo album register five weeks before the elections in accordance with the party’s rules.

He further claimed in his affidavit in support of the motion that a partial photo album register was given to his team on May 4, a few days before the elections rather than in March when they had submitted a request for one.

“The Plaintiff adds that to their utmost surprise, upon verification, it was found that the number of constituencies on the hard drive given to his representatives was 220 in number as opposed to the alleged number of 228 constituencies indicated by Defendant,” portions of the 36-paragraph affidavit in support of the motion read.

“The Plaintiff adds further that an initial verification of the said 220 constituencies on the hard drive given to his representatives by the 2nd Defendant established basic errors and inaccuracies that render the Photo Album Register inaccurate and unreliable for a free, fair and credible.

Dr Duffour added that despite his request for a postponement of the elections until a full photo album register is secured, the party refused to heed his request.

For this reason, the plaintiff is urging the court to grant an interlocutory injunction to restrain the party and sued persons – General Secretary, Election Director, co-contestants John Mahama and Kojo Bonsu, and the Electoral Commission – from holding the elections.