The credibility of Ghana’s Electoral Commission (EC) will face a major test tomorrow as voters in Akwatia go to the polls for a by-election triggered by the death of sitting MP Ernest Kumi of the New Patriotic Party (NPP).
The Action People’s Party (APP) has dragged the Commission to the Court of Appeal over the disqualification of its candidate, David Ankomah, who was barred from contesting on the grounds of failing to provide a tax clearance certificate. The party insists the EC acted outside its powers and that the ruling of the High Court, which dismissed an injunction against the by-election, was in error.
In its appeal, the APP argues that the Constitution does not mandate the EC to demand tax compliance as a qualification for Parliament, insisting that only Article 94 governs eligibility. The party further noted that the High Court “misdirected itself in law and in fact” by upholding the EC’s decision, and warned that allowing such a ruling to stand would “cause irreparable harm to the appellant, its candidate and its supporters.”
APP Founder and Leader, Kenneth Nana Kwame Asamoah, insists the disqualification reflects deeper bias in the Commission’s operations. He suggested that the EC may have acted out of fear that his party could disrupt the dominance of the New Patriotic Party, noting that the APP’s emblem—like the elephant—has the potential to draw voters away from the ruling establishment.
“This case is about whether the EC respects the Constitution and the Judiciary,” Mr Asamoah told Hot FM’s This Week in Parliament. “If they disregard the appeal, it will confirm that the Commission cannot be trusted to act fairly in any election.”
Beyond the courtroom, Mr Asamoah has also vowed to petition President John Mahama for the removal of EC Chairperson Jean Mensa, accusing her of presiding over an institution that has repeatedly courted controversy and mistrust.
With the Akwatia by-election hours away, analysts say the dispute has shifted national attention from the constituency race to the Commission itself. The outcome of the Appeal Court challenge, and the EC’s response to it, will be closely watched as a defining test of its credibility in Ghana’s democratic process.
