Court Dismisses Ablekuma North NPP’s Injunction Bid Against EC Rerun

By Daniel Bampoe

The lingering electoral dispute in the Ablekuma North Constituency has taken a decisive turn as the Accra High Court dismissed an application filed by the New Patriotic Party’s (NPP) parliamentary candidate, Nana Akua Owusu Afriyieh, seeking to stop the Electoral Commission (EC) from conducting a rerun of elections in 19 polling stations on Friday, July 11, 2025.

The ruling, delivered on Wednesday, by Justice Ali Baba Abature, described the application as lacking merit and emphasized the constitutional importance of ensuring full parliamentary representation for the people of Ablekuma North.

According to the court, the EC, as an organ of the state, must be allowed to carry out its duty to ensure that elections are conducted without undue interference.

Legal Tussle over Polling Station Results

This legal standoff stems from the controversial declaration of results in the December 2024 parliamentary elections in Ablekuma North.

 Initially, the EC had declared Awurabena Aubynn of the National Democratic Congress (NDC) as the winner after collating results from only 219 of the 281 polling stations in the constituency.

NPP’s candidate, Nana Akua Owusu Afriyieh, rejected the outcome, contending that the declaration was premature and unlawful, given that results from 62 polling stations had not been accounted for.

She subsequently filed an application for a writ of mandamus at the High Court to compel the EC to complete the collation.

On January 4, 2025, the High Court, presided over by Justice Forson Baah Agyapong, ruled in her favour, ordering the EC to include the 62 outstanding polling station results in its final collation.

In response, the EC resumed the collation process on January 6 but could only successfully complete results from 59 of the 62 disputed polling stations.

The process stalled over three unresolved stations due to disagreements between party agents.

To break the impasse, the EC announced a rerun in 19 polling stations—including two of the unresolved ones—on July 11, citing electoral irregularities and incomplete processes as justification.

Fresh Legal Battle

In a fresh legal move, Afriyieh filed an ex-parte motion seeking to block the EC from going ahead with the planned rerun.

She argued that the EC’s decision contradicted the January 4 High Court order, which mandated only a collation and not a rerun.

Her legal team contended that the Commission had overstepped its powers and sought a 10-day injunction for the court to review the EC’s compliance with the original ruling.

She also requested several reliefs: a declaration that the EC’s decision was arbitrary, an order prohibiting the Commission from conducting the rerun, and a directive compelling the EC to fully comply with the January 4 order without rerunning the polls.

Court’s Decision

In dismissing the application, Justice Abature ruled that halting the election would not serve the broader interest of justice and democracy.

He asserted that any perceived harm to Afriyieh could be addressed through compensation if she eventually succeeded in the substantive case.

“The balance of convenience tilts in favour of the EC, which must fulfil its constitutional mandate,” Justice Abature stated, adding that halting the rerun would disenfranchise constituents and undermine their right to representation in Parliament.

NPP’s Position and Possible Boycott

The NPP, through its local executives, has rejected the EC’s planned rerun, insisting that the court’s order only called for a collation—not a fresh election.

Party insiders have hinted at a possible boycott of the rerun, arguing that it lacks legal justification.

Meanwhile, the EC maintains that the rerun is the only path to resolving the electoral dispute conclusively and ensuring integrity in the parliamentary outcome.

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