Breaking News: Ghana Supreme Court Grants NDC Joinder Application.

The Supreme Court on Tuesday by majority decision of 6 – 3 ruled in favour of the National Democratic Congress (NDC) to join the election petition filed by the New Patriotic Party (NPP).

The nine-member panel last week heard arguments from the lead counsel for the NDC, Mr Tsatsu Tsikata who insisted the governing party offered President John Dramani Mahama the platform to contest for the presidency and was thus an interested party whose interest would be injured if it was not allowed to join the petition as a respondent.

The petitioners are Nana Akufo-Addo (Presidential candidate of the NPP), Dr Mahamudu Bawumia (running mate to Akufo-Addo) and NPP Chairman, Jake Obetsebi-Lamptey)

The Supreme Court last Wednesday set January 22 to give its ruling on the suit by the NDC to join the petition brought by Nana Addo Dankwa Akufo Addo, NPP’s Presidential Candidate and the two others.

The date for the ruling was set following arguments by lawyers on both sides on why the NDC should be allowed to join the petition filed by the NPP.

Nana Akufo Addo, Dr Mahamudu Bawumia, NPP’s Vice Presidential Candidate in Election 2012 and Mr Jake Obetsebi Lamptey, NPP Chairman, have filed a petition against the Electoral Commission (EC) and President John Dramani Mahama.

Mr Philip Addison, Lead Counsel for the petitioners at today’s sitting withdrew the objection to the composition of the panel paving the way for the Court to continue with the joinder application hearing.

Mr Tsatsu Tsikata, Counsel for the NDC, said it was fair and just for the party to be allowed to join the case because any decision reached by the court would directly affect the Party as an entity.

He explained that President Mahama was selected by the NDC to stand on its platform to contest the December 7, 2012 election.

He said even though the NDC had not been invited, the party took the time to join the case because it had an interest to protect.

Mr Tsikata who cited various authorities to back his case, said President Mahama was not an independent candidate who was on his own but was selected and supported by the NDC to stand on its ticket so the NDC had a big stake in the matter and should be allowed to join the NPP’s petition.

Mr Addison countered by saying the NPP was opposed to the NDC’s application because it was without merit and a ploy by the NDC to delay the case.

 He also questioned whether the NDC’s application had been properly laid before the court in accordance with C.I. 16, as he explained that part eight (8) of the C.I 16 clearly spelt out the provision by which a person could file to join a petition which was clearly different from part four (4) of the provisions.

Mr Addison also cited various legal authorities to support his argument, stressing that since the specific provision was in part 4 and not in part 8 it meant that the exclusion in that provision was well intended.

He further questioned the competence of the NDC in the matter because Article 63(1) which related to the election of a president did not make any reference to a political party nominating a candidate for the elections.

He said the NDC had no greater stake than President Mahama who was the first respondent in the petition and whose eligibility was being challenged.      

He said the NDC had no locus in the matter and that the application "is just to muddy the waters”.

GNA