Politics

High Court Dismisses Suit Challenging Ayawaso East By-Election

Judge rules Democracy Hub’s case against NDC and EC was procedurally defective

The High Court of Justice in Accra has dismissed as incompetent a suit seeking to halt the Ayawaso East by-election.

The case was filed by Democracy Hub, which alleged vote buying during the National Democratic Congress (NDC) parliamentary primaries held on February 7, 2026.

The suit named the NDC as the first defendant, the Electoral Commission of Ghana as the second defendant, and the Attorney-General of Ghana as the third defendant.

Delivering his ruling on March 2, the presiding judge, Justice Agyenim-Boateng, upheld arguments by the NDC that the action was defective. He subsequently set aside the originating processes, effectively dismissing the case.

Reliefs Sought

In its reliefs, Democracy Hub asked the court to quash the Electoral Commission’s recognition of Baba Jamal as the NDC parliamentary candidate for the Ayawaso East Constituency. The group also sought to restrain the Commission from accepting or acting on his nomination until a fresh primary is conducted in line with democratic principles.

Additionally, the group requested an order of mandamus compelling the Electoral Commission to refuse to accept or act upon the nomination unless and until a new primary, conducted in accordance with democratic standards, is held.

Democracy Hub further sought a declaration that the NDC primary was characterised by widespread vote buying, inducement, and monetisation. It argued that reliance on the outcome of such a process to present a candidate breaches Article 55(5) of the 1992 Constitution and Section 9 of the Political Parties Act, 2000 (Act 574).

The group maintained that the party’s alleged failure to address the misconduct renders its actions inconsistent with constitutional and statutory requirements.

With the dismissal of the suit, the path remains clear for the Ayawaso East by-election to proceed as scheduled.

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