Ayawaso East: Accra High Court clears Baba Jamal ahead of March 3 contest
The Accra High court has cleared NDC parliamentary candidate Baba Jamal to contest in the March 3 Ayawaso East by-election after throwing out an application by pressure group Democracy Hub which sought to bar him from the contest, citing allegations of vote-buying during the party’s February 7 primary.
The suit, filed on behalf of the group by lawyer Oliver Barker-Vormawor on Monday, February 16, sought to prevent the Electoral Commission from recognizing Baba Jamal as a valid candidate unless the NDC conducted a fresh primary.
The group also argued that the integrity of the nomination process had been compromised by financial inducements to delegates, pointing to videos of Baba Jamal in particular, sharing items such as television sets during the February primary.
Presiding over the case on Monday, March 2, Justice Agyenim Boateng ruled against Democracy Hub’s application “on the grounds of procedural incompetence.”
Lawyers for the NDC counter-argued that the suit was fundamentally flawed on multiple fronts, pointing out that the group cannot, among other things, “judicial review reliefs of certiorari and mandamus through a writ action.”
“The Respondent’s action is seeking the enforcement and/or interpretation of provisions (Articles 55(5) and 45(b)) of the 1992 Constitution of Ghana, which is exclusively reserved for the Supreme Court under Articles 2(1)(a) and 130(1)(a) of the 1992 Constitution. Therefore, the Honourable Court lacks jurisdiction to entertain the Respondent’s action.
“The Respondent cannot seek the judicial review reliefs of certiorari and mandamus through a writ action; therefore, the procedure adopted by the Respondent is procedurally incompetent.
“The Respondent has no locus standi to pursue the instant matter in this Honourable Court,” they argued.
While Justice Agyenim Boateng rejected the NDC’s arguments on jurisdiction and locus standi, he ultimately agreed with the party’s third grounds, noting that the procedural method employed by Democracy Hub rendered the entire action legally incompetent, effectively dismissing the application.
The Judge however praised Democracy Hub for fighting a matter he says is of “genuine national concern,” noting that vote-buying has plagued Ghanaian politics for several decades.
The Ayawaso East by-election is set for Tuesday, March 3, with five candidates contesting the seat. The NDC’s Baba Jamal, the NPP’s Yussif Baba Ali, Liberal People’s Party’s (LPP) Ibrahim Iddrisu, and Independent candidates Alhaji Mohammed Umar Sanda and David Kannor.
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