The High Court in Accra on Monday, March 2, dismissed the suit filed against the conduct of the Ayawaso East by-election, The suit was filed by Democracy Hub, led by Oliver Barker-Vormawor.
“If no application is filed between now and 3 PM then the elections come on tomorrow,” Vormawor told journalists after the case.
The group, as part of its reliefs, sought an injunction against the Electoral Commission to restrain the institution from accepting Baba Jamal’s candidature unless a new primary is held by the National Democratic Congress (NDC).
In their counter-motion, however, lawyers for the NDC urged the court to dismiss the suit by Democracy Hub in its entirety on the grounds that the process adopted was defective and incompetent.
“The Respondent’s action is seeking the enforcement and/or interpretation of provisions (Articles 55(5) and 45(b)) of the 1992 Constitution of Ghana, which is exclusively reserved for the Supreme Court under Articles 2(1)(a) and 130(1)(a) of the 1992 Constitution. Therefore, the Honourable Court lacks jurisdiction to entertain the Respondent’s action.
“The Respondent cannot seek the judicial review reliefs of certiorari and mandamus through a writ action; therefore, the procedure adopted by the Respondent is procedurally incompetent.
“The Respondent has no locus standi to pursue the instant matter in this Honourable Court,” the NDC outlined in its opposing application.
In its ruling on Monday, March 2, the presiding judge, Justice Agyenim Boateng, dismissed the first and third grounds raised by the respondents but held that the process used by the group was incompetent.
Justice Agyenim Boateng, however, commended Democracy Hub for the advocacy role it has taken in the matter, noting that elections in the country over time have been plagued by vote-buying.
The decision by the High Court gives the green light for the Ayawaso East by-election to proceed on Tuesday.
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