The Accra High Court dismissed an application by pressure group Democracy Hub on Monday, seeking to block the Electoral Commission from recognizing NDC parliamentary candidate Baba Jamal for the Ayawaso East by-election. The group alleged vote-buying during the NDC’s primary on February 7 and requested an injunction to prevent the EC from accepting his candidature until a new primary.
NDC lawyers countered in a motion to dismiss the suit entirely, arguing three main points: the High Court lacks jurisdiction, as the claims involve interpreting constitutional provisions (Articles 55(5) and 45(b)) reserved for the Supreme Court under Articles 2(1)(a) and 130(1)(a); the group’s writ action is procedurally incompetent for seeking judicial review remedies like certiorari and mandamus; and Democracy Hub has no locus standi to bring the case.
Presiding judge Justice Agyenim Boateng dismissed the first and third grounds but ruled the process incompetent overall. He commended Democracy Hub’s advocacy, noting vote-buying has long plagued Ghanaian elections.
The ruling clears the way for the Ayawaso East by-election to proceed on Tuesday.
Story by: Mercy Addai Turkson#ahotorfmonline.com