A leading member of the National Democratic Congress (NDC) says even though the questions being raised by former Attorney General, Martin Amidu, over the decision of the party to endorse President Mahama as the flagbearer are legitimate, he could have used the appropriate avenue to put out his misgivings.

The NDC will be going to congress on August 31 to endorse the candidature of President John Dramani Mahama as the party’s flagbearer, but the decision seems to have irked some members of the party.

Mr. Martin Amidu, in one of his citizen vigilante statements slammed the leadership of the party for taking a decision that, according to him, will alienate people who want to have a say in who should lead them into the elections.

Mr. Amidu stated that “the statement of the NEC issued by the General Secretary could be inconsistent with the letter and spirit of the NDC Constitution. It could also be inconsistent with and in contravention of Article 55(5) of the 1992 Constitution.”

The statement further said: “It would appear that those in control of the NDC, for the time being, were bent on excluding other bona fide members of the Party who may wish to lay democratic claims to who becomes the next flag bearer of the Party by excluding them even before the mortal remains of the demised President were interred. It is also symptomatic of how political party elites in Ghana and Africa worm their way into the confidences of persons perceived as likely to ascend to power positions for purposes of eventual personal economic gain at the expense of the generality of the mass of Party members and the Nation which every President swears to serve under the Constitution.”

But legal practitioner, Abraham Amaliba says Mr. Amidu could have made his point on the grounds of congress even before President Mahama is endorsed to see if congress agrees with the decision.

“If he is contesting the extent to which the NEC went to nominate the Vice President to make him the leader when indeed Congress has not yet confirmed him as the leader, I think that [Martin Amidu] has a point but this can be resolved at congress… I think that that is what he should be doing rather than going to the press.”

Mr. Amaliba said the NEC did not err in its decision because: “When you go to the residual clauses of the NDC Constitution, it gives neck the power to make rules that will govern matters that have not been provided for in the constitution.”

Mr. Amaliba indicated that the party has only three months to go and cannot afford to open the nomination for everyone to contest.

He argued that due to the unique situation that the party found itself, it had to “take some drastic measures to ensure that the unity of the party is kept intact. They didn’t need to open up the process for campaigning for people to file, for seventeen people to go into the ring and then you know the nature of politics in this country! It is so muddy.”

“I would agree with Martin but if he has any issues, Congress is just on the 31st. Before congress proceeds, he is a member of the NDC; he can put forward his views for the generality of congress to see whether congress will be in sync with him.

“His points are valid points. Legally I agree with but I think that there is an avenue for redress.”

Mr. Amaliba debunked the assertion by Mr. Amidu that without allowing a process of competitive election, the democratic process has been breached. As far as Mr. Amaliba is concerned, acclamation is also an integral part of the democratic process when it is done through consensus building.

“Democracy doesn’t mean that we should all queue and vote for somebody. Consensus building is democracy, affirmation is democracy; all these principles are [part of] of democracy once it is accepted by the greater majority of the people,” he posited.

He said if the president fails to get the required 50 plus one votes at congress, the party will be forced to open the nominations for others to also contest but that in the time being, the decision is the most prudent. He is however certain that the president has what it takes to get the needed votes.

“I am not a magician but talking to the rank and file of the party, the president now is a likeable person and I will be surprised if he does not get it.”

He further urged the head of the legal team of the NDC, Mr. Larry Adjetey to take the concerns of Mr. Amidu to find a lasting solution to the lacuna.