High Court dismisses NPP candidate’s injunction suit against Ablekuma North re-run

An attempt by Nana Akua Afriyie, the New Patriotic Party’s (NPP) parliamentary candidate for Ablekuma North, to block a planned rerun of elections in 19 polling stations has been dismissed by the High Court.

In a ruling delivered by Justice Ali Baba Abature, the court held that the application for an interim injunction lacked merit. He emphasized that halting the Electoral Commission’s (EC) plans would obstruct its constitutional responsibility to ensure parliamentary representation for the constituents.

Afriyie’s legal team had challenged the EC’s decision because it violated a January 4, 2025, High Court order. That ruling had directed the Commission to complete the collation of results from 62 polling stations and declare a winner for the 2024 parliamentary elections.

According to her lawyer, Gary Nimako, the EC had publicly acknowledged—through a press statement on January 27 and a briefing to Parliament—that only three polling stations remained uncollated. He argued that calling for a rerun in 19 stations was legally baseless and amounted to defiance of the earlier court ruling.

He pointed out that results from all polling stations—documented on official “pink sheets”—had been signed off by both presiding officers and party agents, and therefore should not be revisited. Nimako cited Regulation 42 of C.I. 127, which only permits a rerun in the case of a tie—a condition the EC has not claimed exists.

Afriyie’s team also argued that if the EC had encountered difficulties in implementing the January 4 order, it should have returned to court for further directions, rather than unilaterally deciding to rerun the elections.

Although the EC was not present in court—since the motion was filed ex parte—Justice Abature noted that the applicant had not proven whether the results could be legally collated without further verification by returning officers, as required under the electoral laws.

Dismissing the application, the judge stressed the importance of allowing the EC to fulfill its mandate and avoid disenfranchising voters.

He further added that if Afriyie were to eventually succeed in her substantive suit, she could be compensated through damages by the EC.