The Accra High Court has dismissed an application filed by the pressure group Democracy Hub seeking to prevent the Electoral Commission (EC) from recognising National Democratic Congress (NDC) parliamentary candidate Baba Jamal as a qualified contestant in the upcoming Ayawaso East by-election.
The group had accused Baba Jamal of engaging in vote-buying during the NDC’s parliamentary primary held on February 7 and sought an injunction to restrain the EC from accepting his candidature unless a fresh primary was conducted by the party.
Democracy Hub, as part of its reliefs, requested the court to issue an order stopping the Electoral Commission from proceeding with Baba Jamal’s nomination until the alleged irregularities in the primary process were addressed.
In response, lawyers for the NDC filed a counter-motion urging the court to dismiss the suit in its entirety. They argued that the application was defective and incompetent on several grounds.
The NDC contended that Democracy Hub’s action sought the enforcement and/or interpretation of provisions under Articles 55(5) and 45(b) of the 1992 Constitution, a matter exclusively reserved for the Supreme Court under Articles 2(1)(a) and 130(1)(a). They further submitted that the High Court lacked jurisdiction to entertain the matter.
Additionally, the party’s legal team argued that the reliefs of certiorari and mandamus sought by Democracy Hub could not be pursued through a writ action, rendering the procedure procedurally incompetent.
The NDC also challenged Democracy Hub’s standing, asserting that the group had no locus standi to institute the action in the High Court.
Delivering the ruling on Monday, March 2, presiding judge Justice Agyenim Boateng dismissed the first and third grounds raised by the respondents but upheld the objection on procedural incompetence.
The court held that the process adopted by Democracy Hub was incompetent and accordingly dismissed the application.
However, Justice Agyenim Boateng commended Democracy Hub for its advocacy in the matter and acknowledged that vote-buying has remained a persistent challenge in Ghana’s electoral processes over the years.