High Court Dismisses Injunction Application Against EC Over Ablekuma North Rerun

An Accra High Court, presided over by Justice Ali Baba Abature, has dismissed an ex-parte motion filed by New Patriotic Party (NPP) parliamentary candidate, Akua Owusu Afriyie, seeking an interim injunction to halt the Electoral Commission of Ghana (EC) from conducting a rerun in 19 polling stations in the Ablekuma North Constituency, scheduled for July 11, 2025.

The applicant, represented by lead counsel Garry Nimako Marfo, with legal support from Nana BanyinAckon, Nana Baafi Yeboah and Emily Akua Afriyie Mensah, prayed the court to restrain the EC for a period of ten days to allow all parties to be served with an application on notice.

The motion was based on allegations that the EC’s decision to rerun elections in 19 polling stations was in violation of a subsisting High Court order dated January 4, 2025.

According to counsel, the January 4 court order referenced extensively in the proceedings and found on page 17 of Exhibit AF that required the EC to complete collation in only three outstanding polling stations, not rerun any part of the election.

Counsel argued that the EC, by its own admissions and sworn testimonies, including that of Deputy EC Chairperson, Dr. Bossman Asare, in Parliament, had consistently maintained that only three polling station results were outstanding.

They further contended that collating the existing results required only security assistance and not a full-scale rerun.

However, in a turn of events, a July 1, 2025 letter from the EC (Exhibit AF4) informed political parties of the Commission’s decision to rerun the election in 19 polling stations, citing a purported disagreement among the political parties.

The applicant’s legal team vehemently opposed this decision, asserting it was not grounded in any declaration of a tie, nor supported by legal provisions under the Public Elections Regulations, CI 127.

“The EC cannot be allowed to ignore a valid court order and unilaterally proceed with a rerun. If there was any difficulty complying with the court’s order, the appropriate forum was to return to the High Court, and not to make an administrative decision contrary to judicial authority,” Garry Nimako argued.

In his ruling, however, Justice Abature dismissed the application, stating that the request for an injunction was unmeritorious.The judge noted that the balance of convenience favoured the EC, which holds the constitutional mandate to conduct elections.

He emphasised that the people of Ablekuma North have a constitutional right to be represented in Parliament and any delay in the electoral process would infringe on that right.

“The respondent, as an organ of the executive arm of government, will be in a position to adequately compensate the applicant in damages, should she eventually win the substantive case,” the judge ruled.

The ruling paves the way for the EC to proceed with the scheduled rerun of the election in the 19 polling stations on July 11, 2025 unless overturned on appeal. The substantive legal challenge to the EC’s actions remains pending.

Background

The collation of parliamentary results in Ablekuma North has been mired in legal controversy since the initial count on January 8, 2025.

The EC initially reported that results from only three polling stations were outstanding. However, citing security concerns, a planned collation on January 17 was halted at the request of the Ghana Police. Subsequently, tensions escalated after the EC announced its intention to rerun the election in 19 polling stations, a decision challenged in court by Akua Afriyie, a candidate in the race.

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