The minister of state at the Ministry of Local Government, Decentralisation and Rural Development (MLGDRD) and New Patriotic Party MP for Akwapim South in the Eastern Region, O B Amoah, has said that the NPP can launch a court action against Alan Kyerematen to stop him from standing as an independent candidate.
Amoah said that under Article 13(7)(f) of the NPP constitution, which is one of several provisions governing the election of the party’s presidential candidate, the NPP can stop Kyerematen or any other candidate who filed his or her nomination forms to contest the party’s presidential primaries from going independent because they sign an undertaking to that effect.
Article 13(7)(f) states that “no member shall be entitled to nomination as the party’s presidential candidate unless he or she has signed the undertaking for presidential aspirants”.
Right to restrain
The undertaking signed by the candidates states: “Persons who express, or indicate their interest to contest in the party’s presidential primaries and file their nomination forms, shall not offer themselves as independent candidates and they shall not under any circumstances be in breach of the undertaking.”
It further states that “in the event of a breach of the undertaking, the New Patriotic Party reserves the right to restrain any candidate from contesting as an independent candidate or as a candidate on the ticket of any other party”.
In an interview on Adom TV, O B Amoah pointed out that Alan Kyerematen signed this same undertaking, together with all nine other candidates who filed their nominations to contest the party’s primaries. This activated the party’s right to restrain anyone who decides to breach the undertaking that he or she signed freely.
O B Amoah said that if the NPP decides to file a court action against Kyerematen, he fully believes that the party will secure an injunction to stop him from standing in Election 2024 as an independent candidate.
In the event that Kyerematen makes any claims that he chose his current route because of certain actions or inactions of the party or its leadership, he will be invited by the court to prove his claims.
Speaking at a press conference on Monday 25 September 2023, Kyerematen announced his resignation from the NPP and the formation of what he called the “Movement for Change”.
He also disclosed that he will be contesting the December 2024 presidential and parliamentary elections as a flag-bearing independent candidate. He added that his movement will be represented by the symbol of the butterfly.
Kyerematen filed his nomination to contest the NPP presidential primaries on Monday 19 June 2023. He then stood in the party’s special electoral college on 26 August and won 95 votes, placing third.
Having qualified as one of five individuals shortlisted for the main presidential primaries, to be held on 4 November, Alan Kyerematen pulled out of the race by issuing a press statement to that effect on Tuesday 5 September.