The Accra High Court, presided over by Justice Ali Baba Abature, dismissed an interim injunction application by Nana Akua Owusu Afriyie, the New Patriotic Party (NPP) parliamentary candidate for Ablekuma North, on July 9, 2025.
The injunction sought to block the Electoral Commission (EC) from conducting a rerun of elections in 19 of the 281 polling stations in the constituency, scheduled for July 11, 2025.
The court ruled the application “unmeritorious,” stating that the EC has the constitutional mandate to conduct elections and ensure representation for Ablekuma North.
The decision followed disputes over the December 7, 2024, parliamentary election results, where the NPP argued the EC’s rerun violated a January 4, 2025, court order to collate and declare results from 62 outstanding polling stations.
The court found that delaying the rerun would deprive constituents of their right to parliamentary representation.
Background of the Case:
- The dispute arose from the December 7, 2024, parliamentary elections in Ablekuma North. The EC had issues with the results from 62 polling stations, leading to a court order on January 4, 2025, directing the EC to collate and declare results for those stations.
- Instead of collating results for all 62 stations, the EC announced a rerun for 19 specific polling stations, citing irregularities or unresolved issues that necessitated fresh voting to ensure a fair outcome.
NPP’s Argument:
- The NPP, through its candidate, argued that the EC’s decision to rerun elections in 19 polling stations violated the January 4, 2025, court order, which mandated collation of existing results rather than new elections.
- They sought an interim injunction to halt the rerun, claiming it was unlawful and outside the EC’s authority under the court’s directive.
Court’s Reasoning:
- Constitutional Mandate of the EC: Justice Ali Baba Abature ruled that the EC has the constitutional authority to conduct elections and manage electoral processes, including ordering reruns when necessary to ensure fair representation.
- Merit of the Application: The court found the NPP’s application “unmeritorious,” meaning it lacked sufficient legal grounds to justify stopping the rerun. The judge emphasized that the EC’s decision to rerun the 19 polling stations was within its mandate to resolve electoral disputes and ensure a valid outcome.
- Public Interest: The court noted that halting the rerun would delay the final declaration of the parliamentary election results for Ablekuma North. This delay would deprive the constituency of its right to parliamentary representation, which is guaranteed under Ghana’s Constitution.
Outcome:
- The court dismissed the NPP’s application, allowing the EC to proceed with the rerun on July 11, 2025.
- The ruling ensures that the EC can address irregularities in the 19 polling stations through fresh voting, aiming to finalize the election results and declare a winner for the Ablekuma North parliamentary seat.