Pressure group Democracy Hub has filed an injunction application at the High Court in Accra seeking to stop the Electoral Commission from recognising Baba Jamal of the National Democratic Congress (NDC) as a qualified candidate in the Ayawaso East parliamentary by-election scheduled for March 3.

The group cited alleged vote-buying and inducement in the National Democratic Congress (NDC) primary that produced Baba Jamal as the party's candidate.

The suit, filed on behalf of the group by lawyer Oliver Barker-Vormawor on Monday, February 16, named the National Democratic Congress (NDC), the Electoral Commission (EC), and the Attorney-General’s Department as defendants.

The plaintiff is seeking, among other reliefs:

An order of interlocutory injunction restraining the 2nd Defendant (EC) from:
a. accepting the nomination of the said candidate; or
b. permitting the said candidate to contest the by-election
pending the final determination of this action.

Democracy Hub is also seeking an order of perpetual injunction restraining the 2nd Defendant (EC) from recognising or dealing with the said candidate as the duly elected parliamentary candidate of the 1st Defendant (NDC) for Ayawaso East.

Allegations of vote-buying and unconstitutional process

In the statement of claim, the plaintiff argues that the NDC’s Ayawaso East primary was “characterised by widespread vote buying, inducement and monetisation,” which undermined democratic principles guaranteed under Ghana’s 1992 Constitution.

According to the filing, the party’s own fact-finding committee found that the integrity of the process had been “fundamentally compromised", raising serious constitutional concerns.

The suit contends that continuing to rely on the outcome of such a primary and presenting a candidate based on that process violates Article 55(5) of the Constitution, which requires political parties to conform to democratic principles in their internal organisation.

The filing further states, "The impending conduct of the Ayawaso East Parliamentary by-election on the basis of a process that has been officially found to have been fundamentally compromised will set in motion a chain of constitutional events which cannot be reversed by a subsequent award of damages.”

It argues that once a candidate is elected and sworn into Parliament, the court’s ability to provide effective relief would be undermined, rendering any future ruling largely symbolic.

Questions over EC’s role

The plaintiff also questions whether the Electoral Commission can lawfully proceed with a by-election based on a nomination emerging from a process allegedly tainted by inducement.

The suit maintains that the acceptance of a nomination from such a process carries constitutional implications.

It stated that accepting and acting on a nomination founded on an allegedly flawed process raises “a clear issue of illegality” and constitutional non-compliance.

Constitutional and public interest implications

The plaintiff insists the case goes beyond personal or political interests, touching on broader constitutional integrity and democratic governance.

According to the filing, “The action concerns the enforcement of constitutional requirements governing democratic participation, the lawful exercise of public power, and the integrity of the electoral process.”

The plaintiff further pointed out that monetary compensation cannot remedy constitutional violations and that only a court-ordered injunction can preserve the integrity of the electoral process pending full determination of the case.

Court to determine next steps

The application urges the High Court to preserve the status quo until the constitutional issues raised are resolved.

The High Court is expected to consider whether to grant the injunction and determine the legality of the nomination process before any by-election is conducted.

The outcome of the case could have significant implications for political party primaries, electoral procedures, and constitutional accountability in Ghana’s democratic system.