The Action Peoples Party (APP) will not be able to halt the Akwatia by-election, after a High Court in Accra dismissed its application seeking to pause the vote over the disqualification of its parliamentary candidate, David Ankomah.
Presiding over the case on August 28, Justice John Eugene Nyanteh Nyadu ruled that granting the injunction would unfairly impact other candidates, affecting both their finances and campaign planning.
The court also noted that any financial losses claimed by the APP could be compensated with monetary damages.
“In the opinion of this court, since the balance of convenience weighs in favour of the respondent, and the injury to the second applicant can be adequately compensated for by damages, an order for interlocutory injunction should not be granted,” Justice Nyadu stated.
The APP had filed the substantive suit on August 22, challenging the Electoral Commission’s (EC) decision to disqualify Ankomah from the by-election.
The party argued that the EC gave Ankomah insufficient notice to provide a tax clearance certificate, and contended that the disqualification amounted to a wrongful administrative decision driven by “malice and fraud.”
Reacting to the ruling, APP founder Kenneth Nana Kwame Asamoah, who represented the party in court, said the decision would be respected.
“We are law-abiding citizens and will follow the rules and advise ourselves on the way forward,” he said.
On whether the party would support any of the major contenders in the election, Asamoah said no decision had been made since their candidate was excluded from the ballot.
