BY Daniel Bampoe
The Electoral Commission (EC) has been dragged to the High Court by the Action Peoples Party (APP) and its parliamentary hopeful, David Ankomah, over what they describe as an unlawful disqualification from the upcoming Akwatia Constituency by-election in the Eastern Region.
In a writ of summons filed at the High Court (General Jurisdiction Division) in Accra, the plaintiffs — the APP and Ankomah — are challenging the EC’s decision to exclude their candidate from the September 2025 polls.
They argue that the decision was not only arbitrary but also tainted with malice and fraud.
Background to the dispute
On July 30, 2025, the EC announced a by-election in the Akwatia Constituency, following a vacancy in Parliament.
Political parties and aspirants were directed to file nominations within a set period.
The APP, a registered political party under Ghana’s electoral laws, quickly endorsed Ankomah — a former civil servant with the Ministry of Health — as its candidate.
According to court documents, Ankomah was the first among all political parties to file his nomination papers.
The EC acknowledged receipt of his documents and reportedly assured the party that the application was in order, except for one outstanding requirement: proof of tax compliance.
David Ankomah maintained that as a government employee on the Controller and Accountant General’s payroll, his taxes had always been deducted at source.
He subsequently furnished the EC with payslips and ledgers to prove his compliance. The plaintiffs say these documents were accepted by EC officials, including an officer named Tettey, who later instructed them to submit hard copies to the Akwatia District office.
Events leading to disqualification
The APP claims that after complying with all requirements, they were even invited to ballot for positions on the ballot paper.
Their candidate was placed third among four contestants — representing the National Democratic Congress (NDC), New Patriotic Party (NPP), Liberal Party of Ghana (LPG), and the APP.
Furthermore, the EC invited Ankomah and other aspirants to a briefing session at the Police Headquarters in Accra, signifying that he had been duly recognized as a candidate.
However, events took a different turn when, on August 20, 2025, the EC issued a letter excluding Ankomah from the race.
The Commission cited the absence of a Tax Clearance Certificate from the Ghana Revenue Authority (GRA) as the basis for its decision.
The plaintiffs argue that the EC’s demand was unreasonable and deliberately designed to frustrate their candidate.
They claim the demand letter, dated August 17, 2025, was only forwarded to them after 5 pm on August 18, leaving them less than a day to secure the certificate — a document issued solely at the discretion of the GRA.
“The conduct of the defendant smacks of malice and fraud calculated to deny the second plaintiff the right to participate in the by-election,” the statement of claim reads.
Reliefs sought
The Action Peoples Party and David Ankomah are asking the court to:
1. Declare that Ankomah was validly endorsed by the APP as its parliamentary candidate for Akwatia.
2. Rule that he had complied with all requirements necessary to contest.
3. Set aside the EC’s decision to disqualify him, describing it as wrongful and fraudulent.
4. Compel the EC to include Ankomah’s name on the ballot.
5. Grant a perpetual injunction restraining the EC from excluding him from the by-election.
6. Award costs, including legal fees, against the Commission.
The writ was filed by Dr. Yaw Anokye Frimpong of Sundown Legal Service, Dansoman, on behalf of the plaintiffs on August 21, 2025.
What’s next
The EC has eight days from the date of service to respond by entering an appearance in court. Failure to do so may result in judgment being entered against it in default.
The Akwatia by-election is expected to be a heated contest, with the NDC and NPP keen on retaining dominance in the constituency, while smaller parties like the APP see it as an opportunity to make political inroads.
The outcome of this legal challenge could significantly shape the dynamics of the upcoming polls.
