A parliamentary aspirant for the upcoming by-election in Akwatia on the ticket of the Action People’s Party (APP), who has been disqualified by the Electoral Commission (EC) for failing to submit a tax clearance certificate before the filing of nominations closed, has sued the EC.

In the writ filed at the High Court, David Ankomah is challenging the Electoral Commission’s decision to disqualify him from the Akwatia by-election.

He has also filed an application seeking to halt the elections until the final determination of the suit challenging the EC’s decision to disqualify him. 

He is of the view that the EC notified him [Ankomah] on short notice to present a tax clearance certificate, which he could not reasonably obtain in time.

He contends that disqualifying the parliamentary candidate from the by-election on this ground is a wrongful administrative decision actuated by what the party described as “malice and fraud”. 

Claim

In the statement of claim in the writ he jointly filed with his political party, the All People's Party (APP), the plaintiffs averred that Ankomah had gone through all the processes including balloting to determine his placement on the ballot paper until the EC “strangely” notified him on August 17, 2025 at 5 p.m. to present his tax clearance certificate the following day.

This, he claimed, left no reasonable room for compliance since the Ghana Revenue Authority issues the clearance certificate at its own pace.

The plaintiffs added that the demand notice which the EC requested for, was not delivered to them (Plaintiffs) but rather to the EC’s Akwatia District Electoral Officer adding that apart from the fact that it left an unreasonable time to be complied with, they (Plaintiffs) did not receive it until it was not possible at all to comply with it.

The plaintiffs alleged that this conduct of the EC smacked of malice and fraud calculated to deny the aspirant the right to participate in the by-election adding that the EC had decided not to alter its decision despite several protests. 
Reliefs

They are therefore praying the court for an order that the parliamentary candidate complied with all the necessary requirements and formalities to qualify him as a contestant in the forthcoming bye-election.

They are also asking the court to hold that the decision by the EC to exclude Ankomah from the by-election is a wrongful administrative decision actuated by malice and fraud. 

“An order to set aside the wrongful decision made by the EC on grounds of maladministration and fraud and to compel it to include the aspirant as a Parliamentary candidate on the ticket of the APP.

They also want a perpetual injunction to restrain the ECt from excluding Ankomah’s name from its list of candidates from the impending bye-election or dealing with him in any manner that may be inimical to his interest or that of the party. 

Background

The by-election has become necessary following the demise of the NPP’s Member of Parliament for the constituency, Ernest Yaw Kumi, who passed away after being a legislator for only six months.

The late Ernest Kumi defeated the NDC’s candidate in the 2024 parliamentary election, Henry Boakye Yiadom by 19,269 to 17,206, a difference of 2,063 votes.