The High Court in Accra has cleared the final legal hurdle for the Ayawaso East by-election, striking out a lawsuit that sought to annul the National Democratic Congress (NDC) parliamentary primary over vote-buying concerns.
In a definitive ruling on Monday, March 2, the court described the action brought by the pressure group Democracy Hub as “incompetent”, effectively ending their bid to prevent the parliamentary candidate of the NDC, Baba Jamal, from contesting.
The by-election is scheduled for Tuesday, 3rd March 2026.
Democracy Hub had initiated legal proceedings against the NDC, the Electoral Commission, and the Attorney-General’s Department.
The group’s central argument was that the NDC primary was “marred by vote buying” and therefore lacked legitimacy. They petitioned the court to restrain the EC from accepting or acting upon the nomination of the NDC’s candidate.
However, counsel for the NDC countered with a preliminary objection, arguing that the suit was fundamentally flawed and lacked the necessary legal standing to proceed.
Justice Agyenim-Boateng upheld the NDC’s objection, ruling that the originating processes were defective. By setting aside these processes, the court effectively dismissed the case without the need to delve into the merits of the vote-buying allegations.
Following Baba Jamal’s victory in the primaries, accusations surfaced that his campaign had engaged in illicit financial inducements to secure votes.
Mr. Jamal has remained steadfast in his defence, having consistently denied the allegations of vote buying throughout the legal and internal party processes.
Prior to the court’s intervention, the NDC had conducted its own internal review of the primary. A three-member committee was tasked with investigating the claims of electoral malpractice.
The committee’s report eventually informed the party’s decision to uphold the results. Party officials cited a combination of “legal requirements, constitutional provisions, and nomination deadlines set by the EC” as the basis for maintaining Mr. Jamal’s candidacy despite the external pressure from Democracy Hub.
With the High Court’s dismissal of the suit, the focus now shifts entirely to the ballot box. The EC has confirmed that all logistical arrangements are in place for the Ayawaso East constituents to elect their new representative this Tuesday.
