High Court Dismisses NPP Candidate’s Bid to Halt Ablekuma North Rerun
The High Court in Accra has dismissed an injunction application by Nana Akua Afriyie, the New Patriotic Party’s (NPP) 2024 parliamentary candidate for Ablekuma North, seeking to block the Electoral Commission (EC) from holding a parliamentary rerun in 19 polling stations within the constituency.
Justice Ali Baba Abature, in his ruling, described the application as “unmeritorious” and held that the balance of convenience favours the EC’s constitutional obligation to ensure that the people of Ablekuma North have parliamentary representation.
Arguments by the NPP Candidate
Afriyie’s legal team, led by Gary Nimako, argued that the EC’s decision to conduct a rerun violated a binding High Court judgment delivered on January 4, 2025. That ruling had directed the EC to complete the collation of results from 62 outstanding polling stations and declare a winner for the December 7, 2024, parliamentary election.
The NPP contended that, following the January ruling, the EC had publicly acknowledged that only three polling stations remained uncollated. They insisted that the certified results from all affected polling stations had already been signed by party agents and presiding officers, making a rerun unnecessary and unlawful.
Mr. Nimako cited Regulation 42 of the Public Elections Regulations, 2020 (C.I. 127), which mandates a rerun only in cases of an equality of votes, arguing that such a condition did not exist in this case.
Court’s Ruling
Justice Abature ruled that the applicant had not demonstrated that the results could legally be collated without further verification, as required by C.I. 127. He emphasised that the EC holds constitutional authority to organise elections and that halting the process would effectively deny constituents their right to parliamentary representation.
“After a careful and painstaking reading of the applicant’s motion paper, affidavit in support, statement of case as filed, as well as the supplementary affidavit… the application for injunction against the respondent is dismissed as unmeritorious,” the judge ruled.
The court also noted that if Nana Akua Afriyie ultimately succeeds in her substantive legal case, she could be awarded damages by the EC as compensation.
Background and Implications
The EC had announced a parliamentary rerun in 19 polling stations in Ablekuma North, citing irregularities in the collation process. However, the NPP insists their candidate won the election with a 414-vote margin and has accused the EC of undermining the will of the people.
The rerun is scheduled for Friday, July 11, 2025.
This ruling further heightens political tensions in the constituency, with the NPP rejecting the EC’s decision and vowing not to participate in the rerun.
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