Pressure group Democracy Hub has lodged an application for an injunction at the Accra High Court, seeking to prevent the Electoral Commission from recognising Baba Jamal of the National Democratic Congress (NDC) as a valid candidate for the Ayawaso East parliamentary by-election set for March 3.
The group alleges that the NDC primary which produced Baba Jamal as the party’s candidate was marred by widespread vote-buying and inducement.
The suit, filed on Monday, February 16, on behalf of Democracy Hub by lawyer Oliver Barker-Vormawor, lists the National Democratic Congress (NDC), the Electoral Commission (EC), and the Attorney-General’s Department as defendants.
Among the reliefs sought by the plaintiff are:
An order of interlocutory injunction restraining the 2nd Defendant (the Electoral Commission) from:
a. accepting the nomination of the said candidate; or b. allowing the said candidate to participate in the by-election
pending the final determination of the substantive action.
Democracy Hub is also requesting a perpetual injunction restraining the 2nd Defendant (EC) from recognising or treating the said candidate as the duly elected parliamentary candidate of the 1st Defendant (NDC) for the Ayawaso East constituency.
Allegations of vote-buying and unconstitutional conduct
In its statement of claim, the plaintiff asserts that the NDC’s Ayawaso East primary was “characterised by widespread vote buying, inducement and monetisation,” actions which undermined the democratic principles enshrined in Ghana’s 1992 Constitution.
The filing notes that the party’s own fact-finding committee concluded that the integrity of the primary process had been “fundamentally compromised,” giving rise to grave constitutional issues.
The suit argues that proceeding with a candidate selected through such a flawed process contravenes Article 55(5) of the Constitution, which mandates that political parties must organise their internal affairs in accordance with democratic principles.
The document further states: “Conducting the impending Ayawaso East Parliamentary by-election on the strength of a process officially determined to have been fundamentally compromised will initiate a series of constitutional consequences that cannot be undone through any subsequent award of damages.”
It contends that once a candidate is elected and takes the oath of office in Parliament, the court’s capacity to grant meaningful remedy would be severely limited, reducing any later judgment to a largely symbolic outcome.
Concerns regarding the Electoral Commission’s responsibility
The plaintiff questions whether the Electoral Commission can lawfully conduct a by-election based on a nomination derived from a process allegedly tainted by inducement and vote-buying.
The suit maintains that accepting such a nomination carries serious constitutional ramifications.
It argues that proceeding with a nomination rooted in an allegedly defective process constitutes “a clear issue of illegality” and a breach of constitutional standards.
Constitutional and public interest dimensions
Democracy Hub emphasises that the matter transcends narrow partisan or individual interests and instead concerns the broader integrity of Ghana’s constitutional framework and democratic governance.
According to the filing, “This action is about upholding the constitutional standards that govern democratic participation, the lawful exercise of public authority, and the purity of the electoral process.”
The plaintiff stresses that violations of the Constitution cannot be adequately addressed through monetary compensation, and that only a court-issued injunction can safeguard the electoral process pending a full hearing and resolution of the issues.
Next steps in court
The application calls on the High Court to maintain the status quo until the constitutional questions it has raised are fully adjudicated.
The High Court will now determine whether to grant the requested injunction and examine the legality of the nomination process before the by-election proceeds.
The eventual ruling in this case could carry far-reaching consequences for the conduct of political party primaries, electoral procedures, and the enforcement of constitutional accountability within Ghana’s democratic framework.
Editor:
Obiri-Yeboah
