Civil society group Democracy Hub has filed a suit at the High Court in Accra challenging the legality of the National Democratic Congress’ (NDC) parliamentary primary in the Ayawaso East Constituency, describing the process as tainted by widespread vote buying and inducement.
The group is seeking, among other reliefs, an interlocutory injunction to restrain the Electoral Commission from allowing the NDC’s candidate to contest the March 3, 2026 by-election, pending the final determination of the case.
In the suit, Democracy Hub has joined the National Democratic Congress, the EC, and the Attorney-General’s Department as defendants.
According to the statement of claim, the NDC’s primary held on February 7, 2026, to select a candidate for the by-election was characterised by “widespread vote buying, inducement and monetisation.”
The group said allegations of electoral misconduct emerged immediately after the polls, prompting the party to institute a probe.
In a statement issued on the day of the primary, the party’s General Secretary, Fifi Fiavi Kwetey, acknowledged reports of inducement and announced a full-scale investigation.
Democracy Hub further cited a statement by the Majority Leader, Mahama Ayariga, who reportedly called for the annulment of the primary and the disqualification of culpable aspirants.
The suit contends that an NDC fact-finding committee later found “incontrovertible evidence” of vote buying and inducement, including the distribution of money and items such as motorbikes and television sets to delegates.
Despite these findings, the party allegedly upheld the results and presented the winner, Mohammed Baba Jamal Ahmed, to the EC as its candidate for the by-election.
Democracy Hub also noted that Mr Jamal Ahmed was recalled from his post as Ghana’s High Commissioner to Nigeria following the controversy surrounding the primary.
The group argues that the NDC’s decision to rely on the outcome of the election violates Article 55(5) of the Constitution, which requires political parties to conform to democratic principles.
In court documents, the plaintiff is asking for:
- A declaration that the primary was unconstitutional and unlawful;
- An order quashing the EC’s acceptance of the NDC’s candidate;
- An order compelling the EC to reject the nomination until a fresh, credible primary is held;
- An interlocutory and perpetual injunction barring the candidate from contesting.
It is also seeking an order declaring all steps taken pursuant to the disputed primary null and void.
Call to halt by-election
In an affidavit in support of the application, a legal fellow at Merton & Everett LLP, Paulina Quartey, said allowing the by-election to proceed would render the case “nugatory” and cause irreparable harm to the integrity of the electoral process.
She argued that damages would not be an adequate remedy, stressing that once the election is held and a candidate sworn into Parliament, the court would be confronted with a “fait accompli.”
Lawyer signs suit
The action was filed by activist and lawyer Oliver Barker-Vormawor of Merton & Everett LLP on behalf of Democracy Hub.
The High Court is yet to fix a date to hear the application for interlocutory injunction.
If granted, the order could halt preparations for the Ayawaso East by-election scheduled for March 3, 2026, pending the outcome of the substantive case.
