The High Court on Thursday, August 28, dismissed a legal challenge brought by the Action People’s Party (APP) seeking to halt the upcoming by-election in Akwatia.
The ruling clears the way for the Electoral Commission (EC) to continue preparations for the poll slated for September 2, 2025.
The APP had filed an injunction questioning the legitimacy of the electoral process, citing procedural irregularities and concerns surrounding candidate disqualification.
High Court throws out injunction against Akwatia by-election
Delivering a swift judgment, the presiding judge, Justice Eugene Nyadu Nyantei, held that granting the injunction would not only impede the operations of the EC but also unfairly disrupt the participation of other candidates in the by-election.
He emphasised that the dismissal was necessary to uphold fairness and protect the broader interests of all stakeholders.
Reacting to the ruling in an interview with Accra-based Peace FM on August 29, APP Leader and Founder, Kenneth Nana Kwame Asamoah, expressed agreement with the court’s decision, clarifying that the judgment was based on state interest rather than a lack of merit in his case.
He noted that the state had already incurred significant costs in the lead-up to the election, and suspending the process at this stage would pose challenges for other political parties involved.
“The judge made it clear that his ruling was based on the broader interest of the state, not because my case lacked merit. He acknowledged that the state had already incurred significant costs in preparing for the by-election and that other political parties had raised concerns about the security arrangements in Akwatia. Halting the election solely because of my petition would have been unfair to the other stakeholders,” he explained.
“If you carefully read his judgment, it’s evident that his reasoning centred on protecting state interests, not dismissing the validity of my claims. In fact, he advised that the issue regarding the tax clearance certificate and the GRA payslip should be taken to the Supreme Court for interpretation, specifically, to determine which document is legally required,” he added.
Latest poll puts NDC’s Baidoo in ‘comfortable lead’ in Akwatia by-election
He emphasised that there is no law mandating the submission of a tax clearance certificate. The law rather asks: “Have you paid your taxes?”
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