Suit challenging legality of Ayawaso West Wuogon by-election dismissed
The Supreme Court has dismissed a suit challenging the legality of the by-election held in the Ayawaso West Wuogon constituency in January 2019.
The National Democratic Congress Chairman for the Ayawaso West Wuogon constituency, Bismark Aborbi–Ayitey went to the court to challenge the appropriateness of the date set for the election.
He argued that the election was held more than the constitutional 60-day period stipulated within which such elections must be held.
But the apex court in its decision stated that the suit was subject for debate since the plaintiff failed to file an injunction to stop the election from being held.
The judges also explained that the plaintiff in his reliefs did not ask for the annulment of the election and therefore the court could not go ahead to hear arguments along such lines.
“It is pointless to determine the constitutionality of the by-election and, therefore, the suit is accordingly dismissed,” the court held.
The judgement was read by Justice Gabriel Pwamang, while the panel was presided over by Justice Julius Ansah.
Other members on the panel were Justices Jones Dotse, Anin Yeboah, Samuel K Marful-Sau, Agnes Dordzie, Nene A. O. Amegatcher and Professor Emmanuel Nii Ashie Kotey.
The election which was held in January 2019 saw Lydia Seyram Alhassan, widow of the deceased former MP emerging victorious despite very low voter turnout of about 19% and the bloody violence that marred the election.
The violence that characterized the election became a subject for inquiry by a commission constituted by President Akufo-Addo and chaired by Justice Emile Short.
The commission has since concluded its work and presented its findings to President Akufo-Addo.
The report is however yet to be made public.