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The Executive Director of the Danquah Institute, Gabby Asare Otchere-Darko, says the ruling National Democratic Congress� nomination of President John Dramani Mahama as flagbearer for the December 7 elections may have opened the party up for a possible legal battle from members of the party who may feel aggrieved by the decision. The National Executive Committee (NEC) of the ruling National Democratic Congress, yesterday, confirmed President Mahama as the flagbearer of the party for the 2012 General elections, a decision described by Gabby as a possible breach of the NDC�s constitution. According to Gabby, Article 44 of the NDC�s constitution, which deals with the election of a Presidential Candidate, states in clause (g) that �The National Executive Committee shall in consultation with the Council of Elders issue guidelines regarding the election of a Presidential Candidate based on the provisions of this Article.� One of the guidelines as spelt out in Article 44 of the NDC constitution by which NEC must abide, according to Gabby, states that �if at the close of nomination only one person files nomination as the Party's Presidential Candidate he shall be subject to a vote out of which he must obtain 50% plus one of the votes cast.� As per the provisions of the NDC�s constitution, Gabby explained that the party must, in conforming to its constitution, open nominations for prospective and eligible candidates to indicate decision to contest the flagbearership race, after which the National Congress, the party�s highest decision making body, will elect a new Presidential Candidate. �The decision by the National Executive Committee to, as it were unilaterally, impose John Mahama on the National Congress only for the purposes of acclamation is a breach of the NDC�s constitution�, Gabby said. Some high ranking members of the NDC have also quoted Article 50 of their constitution to back the decision by NEC to render the National Congress ineffective. Article 50 of the NDC states �Where on any Party matter there is no provision in this Constitution which deals with that matter, the National Executive Committee shall, by regulations, provide for that matter to be dealt with.� However, in the opinion of the DI man, the residual powers of NEC as spelt out in Article 50 does not give NEC the power to make decisions for the National Congress, which the DI man, reiterated is the highest decision making body of the NDC. �It rather provides for the NEC to make regulations and not to sidestep congress with an imposition,� he said. �The NDC in light of these must brace itself for a possible legal tussle by people who believe their rights to become the flagbearer of the party has been trampled upon,� Gaby noted.