THE High Court in Accra has dismissed a suit filed by Democracy Hub, which sought to prevent tomorrow’s by-election in the Greater Accra Region’s Ayawaso East Constituency.
The pressure group argued that the February 14 NDC primary that nominated Baba Jamal Ahmed as the party’s parliamentary candidate was marred by vote-buying and inducement of delegates.
The case, filed on Monday, February 16, named the NDC, the Electoral Commission (EC), and the Attorney-General’s Department as defendants.
Democracy Hub sought an interlocutory injunction to restrain the EC from accepting Baba Jamal’s nomination or allowing him to contest the by-election, pending full determination of the case.
It also requested a perpetual injunction to prevent the EC from recognising him as the duly elected NDC candidate.
Lead counsel, Oliver Barker-Vormawor, argued that the primary process had been “fundamentally compromised”, citing the NDC’s own fact-finding committee.
Democracy Hub contended that relying on such a flawed process violated Article 55 (5) of Ghana’s 1992 Constitution, which requires political parties to adhere to democratic principles in their internal organisation.
The group warned that proceeding with the by-election could set in motion irreversible constitutional consequences, and once a candidate is elected and sworn into Parliament, the court’s ability to provide effective relief would be limited.
The group also emphasised that monetary compensation cannot remedy constitutional violations, making a court-ordered injunction essential to preserve the integrity of the electoral process.
However, the court refused to grant the motion, clearing the way for Baba Jamal to contest the Ayawaso East by-election as scheduled.
The decision allows the electoral process to proceed without judicial interruption, despite Democracy Hub’s concerns over the integrity of the NDC primary.
BY MALIK SULLEMAN
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