Court dismisses disqualified APP aspirant bid to halt Akwatia by-election

The High Court in Accra has thrown out an application by the Action People’s Party (APP) seeking to suspend the upcoming Akwatia by-election until the determination of a case challenging the Electoral Commission’s (EC) disqualification of its parliamentary aspirant, David Ankomain.

Delivering his ruling on Thursday, August 28, Justice John Eugene Nyanteh Nyadu held that halting the election would unfairly affect not only the EC but also the other candidates, whose campaign efforts, finances, and time commitments would be disrupted.

He added that the financial losses cited by the APP could be addressed through compensation, noting that the court had taken judicial notice of the expenses the party had already incurred.

“In the opinion of this court therefore, since the balance of convenience weigh in favour of the respondent and the injury to the second applicant can adequately be compensated for by the award of damages, an order for interlocutory injunction should not be granted.

“Accordingly, the application for interlocutory injunction is hereby refused,” Justice Nyadu ruled.

The substantive case, however, remains pending and will be heard at a later date.

The APP filed the substantive suit on August 22, challenging the EC’s decision to disqualify Mr. Ankomah for failing to present a valid tax clearance certificate. The party argued that the notice given by the EC was too short for its candidate to secure the required document.

It further claimed that the disqualification amounted to an unlawful administrative action driven by “malice and fraud,” and urged the court to suspend the election until Mr. Ankomah was reinstated on the ballot.

Speaking after the ruling, APP Founder Kenneth Nana Kwame Asamoah, who represented both the candidate and the party in court, said they were dissatisfied but would respect the court’s decision.

“We are law-abiding citizens and we have to follow the rules and regulations, and so we will do so and advise ourselves on the way forward,” he said.

When asked whether the APP would back either of the two major political parties contesting the election, Asamoah noted that no decision had yet been taken since the party's own candidate was out of the race.