The High Court in Accra has dismissed the Action Peoples Party’s (APP) application which was seeking to halt the Akwatia by-election until the final determination of a suit challenging the Electoral Commission’s decision to disqualify its parliamentary candidate, David Ankomah.
In a ruling today (Aug 28), the court presided over by Justice John Eugene Nyanteh Nyadu, was of the view that granting the application would not affect only the EC, but the other candidates in the contest by way of their finances and time management.
The court further determined that the financial losses claimed by the applicants could be adequately compensated with monetary damages by the EC.
That was after it took judicial notice of the expenses incurred by the applicant.
“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 stated.
The substantive suit would however, continue at a later date.
Background
The APP filed the substantive suit at the High Court on August 22, to challenge EC’s decision to disqualify David Ankomah, the party’s parliamentary aspirant from the Akwatia by-election.
It further filed an application seeking to halt the elections until the final determination of the suit challenging the EC’s decision to disqualify Mr Ankomah.
In the substantive suit, the party was of the view that the EC notified Ankomah on short notice to present a tax clearance certificate, which he could not reasonably obtain in time.
It contends that disqualifying the parliamentary candidate from the by-election on this ground is a wrongful administrative decision actuated by what the party described as “malice and fraud”, urging the court to put the election on hold until their candidate was reinstated as a contestant.
Reaction
Reacting to the ruling, the Founder of the party, Kenneth Nana Kwame Asamoah, who represented the parliamentary candidate and the party in court, said even though they were not happy with the outcome of the application, the party would abide by the decision of the court.
“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 stated.
On whether the party would throw its support behind any of the two major political parties contesting in the election, he said the party was yet to make a decision since its candidate was not on the ballot paper.
