The case of eligibility challenge: Throw Out Ken Kuranchie … Mahama tells Supreme Court

Former President and flagbearer of opposition National Democratic Congress (NDC), John Dramani Mahama, is seeking an order from the Supreme Court to strike out an application filed by Kenneth Kwabena Agyei Kuranchie, a journalist, challenging his qualification to contest the 2024 elections.

In the motion on notice before the apex court, filed on September 25, 2023 Mr. Mahama wants an order to dismiss Mr. Kuranchie’s (plaintiff) writ of summons, which was filed on June 12, 2023 on grounds of technicalities.

Mr Mahama is the third defendant after the Attorney General (AG) and Ex-President John Agyekum Kufuor in the case.

The motion, signed by Tony Lithur, Counsel for the NDC Presidential candidate, prayed the Supreme Court to consider any other order(s) it deems fit against the plaintiff.

According to former President Mahama, these technicalities arose from a process filed by Mr. Kuranchie on July 4, 2023 titled “Affidavit in Support of Plaintiff’s Statement of Case, Facts & Exhibits”.

Mr. Mahama said the plaintiff said he has attached to his affidavit, eight documents, including one which he marked as Exhibit P2, titled “Plaintiff’s Statement of Case”.

Following this, the former president said his Counsel caused a search to be conducted at the Registry of the Court on September 15, 2023 which confirmed that the Plaintiff filed his Writ on June 12, 2023 but failed to attach a Statement of Case. He rather did so a month later on July 4, 2023.

“I have, however, been advised by Counsel that contrary to what the search results in Exhibit (JM) show, what Plaintiff filed on 4th July, 2023 was an Affidavit in Support of Plaintiff’s Statement of Case, Facts and Exhibits”, with Statement of Case attached to it, marked as Exhibit P2. The Statement of Case was actually not filed,” he stated.

The 3rd Defendant argued that per the rules of the court, the Plaintiff was required to file his Statement of Case in support of the Writ within fourteen (14) days from the date he caused the Writ to be issued.

He also indicated that at the hearing of this application, his Counsel shall seek the leave of the Court to refer to all the processes filed in the matter up to the date of the hearing of the application.

“I am further advised by Counsel and believe same to be true, that contrary to the results of the search shown in Exhibit “JM1”, Exhibit P2 attached to Plaintiff’s “Affidavit in Support of Plaintiff’s Statement of Case, Facts & Exhibits”, dated July 4, 2023 does not constitute a filed Statement of Case within the meaning of the Court’s rules. Therefore, about 95 days after Plaintiff had filed his Writ, he has still not filed a Statement of Case up to date,” he stressed.

It is upon these technicalities that the former president is urging the Supreme Court to exercise its discretion to strike out the Plaintiff’s action.

Mr. Kuranchie,who is a journalist and lawyer, is challenging Mr. Mahama’s qualification and eligibility to contest the 2024 Presidential election.