Court Dismisses Samuel Apea-Danquah's Injunction To Halt EC's Ballot Paper Printing

Court Dismisses Samuel Apea-Danquah's Injunction To Halt EC's Ballot Paper Printing

  • The Accra High Court has dismissed an injunction application filed by Samuel Apea-Danquah against the Electoral Commission
  • Apea-Danquah had sought to injunct the EC from going ahead to print the notice of polls and ballot papers for the 2024 elections
  • Samuel Apea-Danquah was one of 11 candidates who had been disqualified by the EC over errors in their nomination forms

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Yellow Ghana Movement’s attempt to injunct the Electoral Commission (EC) from printing the Notice of Poll and ballot papers for the upcoming 2024 election has hit a snag.

The Accra High Court, in a Thursday, November 14, 2024, ruling dismissed the case.

Samuel Apea-Danquah, Electoral Commission, Yellow Ghana Movement, December 7 Polls, Injunction, Accra High Court
The Accra High Court says Apea-Danquah's case against the EC was without merit.
Source: UGC

The court argued that the application, filed by Martin Kpebu on behalf of his client, Samuel Apea-Danquah, flagbearer of the Yellow Ghana Movement, was without merit and therefore baseless.

The law suit followed the disqualification of Samuel Apea-Danquah from contesting in the 2024 presidential election on the ticket of the Yellow Ghana Movement.

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The EC had stated that Apea-Danquah’s nomination forms along with 10 other presidential candidates were fraught with errors thus resulting in their disqualification.

However, at the court, Kpebu had argued that the Commission had breached his client’s fundamental right to be heard and had failed to specify the ground for his disqualification.

He further argued that the Commission had also not allowed Apea-Danquah the opportunity to correct the errors in the nomination forms.

What other reliefs were Apea-Danquah seeking?

In a motion filed on Thursday, October 10, 2024, Samuel Apea-Danquah asked the court to issue an order of certiorari to quash the EC's decision to disqualify his candidacy.

He was also seeking an order of mandamus to compel the EC to reinstate the applicant as a valid presidential candidate for the 2024 presidential election.

He urged the court to also prohibit the EC from taking further steps in the 2024 presidential elections, including the printing of ballot sheets and the conduct of the elections till the applicant’s legal rights are restored, as well as an order of injunction against the entire electoral process until the legal action is resolved.

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Apea-Danquah was also seeking damages for the loss of political capital and reputation and the damage to his standing as a public figure and political leader caused by his disqualification.

As well as damages for the financial loss and expenses caused by the loss of campaign momentum, loss of initiative, and the cost incurred by fighting his disqualification, among other things.

PPP files suit against EC

YEN.com.gh reported that the Progressive People's Party (PPP) has initiated legal action against the Electoral Commission over its disqualification from the December 7 polls.

In its lawsuit, the PPP stated that the EC's rejection of its candidate’s nomination forms was arbitrary and unlawful and that the commission acted unfairly.

The party has urged the court to injunct the 2024 presidential elections until the legal dispute is resolved.

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Source: YEN.com.gh

Authors:
Cornerlis Affre avatar

Cornerlis Affre (CA and Politics Editor) Cornerlis Kweku Affre is a Current Affairs Editor at Yen.com. He covers politics, business, and other current affairs. He has worked with Myjoyonline.com for four years and was previously a radio host and news editor at RadioGIJ. You can reach out to him at cornerlis.affre@yen.com.gh