Action People’s Party sues EC over disqualification of parliamentary aspirant
The Action People’s Party (APP) has filed a suit at the High Court to challenge the Electoral Commission's (EC’s) decision to disqualify David Ankomah, the party’s parliamentary aspirant from the Akwatia by-election.
The party has also filed an application seeking to halt the election until the final determination of the suit challenging the EC’s decision to disqualify Mr Ankomah.
The party is 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”.
The motion for intercolutory injunction is expected to be moved on Thursday August 28, 2025.
Claim
In its statement of claim, the party averred that its candidate had completed all the processes, including balloting, to determine his placement on the ballot paper until the EC “strangely” notified him on August 17, 2025, at 5 p.m. to present his tax clearance certificate the following day, leaving little time for compliance since the clearance certificate is issued by the Ghana Revenue Authority at its own pace.
The plaintiffs stated that the demand notice requested by the EC was not delivered to them (the Plaintiffs) but instead to the EC’s Akwatia District Electoral Officer.
They further added that, apart from allowing an unreasonable amount of time to comply, they (the Plaintiffs) did not receive the notice to enable them to meet the requirements.
The plaintiffs alleged that this conduct of the EC smacked of malice and fraud calculated to deny the aspirant the right to participate in the by-election, as the EC had decided not to alter its decision despite several protests.
Reliefs
They are therefore praying the court for an order that the parliamentary candidate complied with all the requirements and formalities to qualify him as a contestant in the forthcoming by-election.
They are also asking the court to hold that the decision by the EC to exclude Ankomah from the by-election is a wrongful administrative decision actuated by malice and fraud.
An order to set aside the wrongful decision made by the EC on grounds of maladministration and fraud, and to compel it to include the aspirant as a parliamentary candidate on the ticket of the APP.
They also want a perpetual injunction to restrain the EC from excluding Ankomah’s name from its list of candidates for the impending by-election or dealing with him in any manner that may be inimical to his interest or that of the party.
Background
The by-election has become necessary following the demise of the NPP’s Member of Parliament for the constituency, Ernest Yaw Kumi, who passed away after six months in office.
Ernest Kumi defeated the NDC’s candidate, Henry Boakye Yiadom, in the 2024 parliamentary election by 19,269 to 17,206, a difference of 2,063 votes.
