EC Has No Power to Disqualify Joana Cudjoe – Dafeamekpor

The disqualification of Joana Gyan Cudjoe, the National Democratic Congress Parliamentary candidate for Amenfi Central, has opened a legal and political argument. The Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, has clashed with the Electoral Commission over its right to bar Ms. Cudjoe from contesting the December 2024 elections.

The decision of the EC, dated October 16, to disqualify Ms. Cudjoe, cited an injunction pending, which was connected with some primary elections of the NDC, already annulled. However, Dafeamekpor argues that the EC exceeded its authority in disqualification as the Commission does not have any legal basis upon which it can disqualify such a candidate.

In an interview on Channel One TV's Big Issue program, Dafeamekpor said it is only a court of law that could declare any candidate ineligible under the laws governing elections. He said the letter written to inform Ms. Cudjoe of her disqualification by the EC was invalid, adding that the Commission acted outside its remit.

According to Dafeamekpor, "It will be unfair for a candidate to be disqualified on grounds of pending injunction from court after there was an election annulment". He insists that in the first instance, it is only the courts that must make a pronouncement on who should not contest. "If the courts give a judgment against anybody, then the EC can go ahead and conduct a by-election or anything," he insisted.

MP's comments have thus put the limit to the extent of the powers that the EC can execute without raising questions of overreach and, more so, the legality of doing so. Since this issue gained publicity, many are waiting to see how it is going to turn out-possibly having wider ramifications on electoral processes in Ghana.