The High Court has dismissed an application by Nana Akua Afriyie, the 2024 parliamentary candidate of the New Patriotic Party (NPP) for Ablekuma North, which sought to restrain the Electoral Commission (EC) from holding a parliamentary rerun in 19 polling stations within the constituency.
In his ruling on Wednesday, July 9, 2025, Justice Ali Baba Abature described the motion for interim injunction as “unmeritorious,” stating that the EC’s constitutional duty to ensure full representation for the people outweighs the applicant’s concerns.
Afriyie’s legal counsel, led by Gary Nimako, argued that the EC’s decision to call for a rerun undermines a binding High Court ruling from January 4, 2025.
That ruling, they contended, directed the EC to complete the collation of results from 62 polling stations and declare a winner in the December 7, 2024 election.
Citing EC communications—including a January 27 press release and a parliamentary briefing by Deputy EC Chair Dr. Bossman Asare—counsel maintained that only three polling stations remained uncollated.
Nimako further argued that all polling station results had already been certified and that Regulation 42 of C.I. 127 permits a rerun only in the event of a tie—something not claimed by the EC.
Though the EC was not present as the motion was filed ex parte, Justice Abature found that the applicant failed to demonstrate under C.I. 127 that the EC could lawfully collate the results without additional verification.
He also noted that if the EC had acted wrongly, the appropriate remedy would be damages—not an injunction that stalls a constitutionally mandated process.
“After a careful and painstaking reading of the applicant’s motion paper, affidavit in support, statement of case as filed, as well as the supplementary affidavit… the application for injunction against the respondent is dismissed as unmeritorious,” the judge ruled.
He added that the EC would be capable of paying compensation if the substantive case ultimately succeeds. The ruling paves the way for the scheduled rerun on Friday, July 11, 2025.
