A parliamentary candidate for the Action People’s Party (APP) who was rejected by the Electoral Commission (EC) for failing to submit a tax clearance certificate before the nomination period closed has sued the EC.
David Ankomah’s writ to the High Court challenges the Electoral Commission’s decision to exclude him from the Akwatia by-election.
He has also filed an application to stop the elections until the ultimate outcome of the lawsuit contesting the EC’s decision to disqualify him.
He believes that the EC gave him [Ankomah] very little notice to provide a tax clearance certificate, which he could not reasonably obtain in time.
He claims that disqualifying the parliamentary candidate from the by-election on this basis was an erroneous administrative decision motivated by “malice and fraud,” as defined by the party.
In the statement of claim in the writ he jointly filed with his political party, the All People’s Party (APP), the plaintiffs claimed that Ankomah had gone through all of the processes, including balloting, to determine his placement on the ballot paper, until the EC “strangely” notified him on August 17, 2025 at 5 p.m. to present his tax clearance certificate the next day.
This, he contended, leaves no reasonable room for compliance because the Ghana Revenue Authority gives clearance certificates at its own schedule.
The plaintiffs also stated that the demand notice requested by the EC was not delivered to them (Plaintiffs), but rather to the EC’s Akwatia District Electoral Officer, and that, in addition to leaving an unreasonable time to be complied with, they (Plaintiffs) did not receive it until it was no longer possible to comply with it.
The plaintiffs claimed that the EC’s actions were motivated by malice and fraud in order to deprive the aspirant of the right to vote in the by-election and that despite numerous protests, the EC refused to change its decision.
They are thus petitioning the court for an order that the parliamentary candidate comply with all of the essential procedures and formalities to qualify as a participant in the next byelection.
They also seek the court to rule that the EC’s decision to exclude Ankomah from the by-election was an improper administrative action motivated by malice and fraud.
An order setting aside the EC’s unlawful judgment based on maladministration and fraud and requiring it to include the aspirant as a Parliamentary candidate on the APP’s ticket.
They also seek a perpetual injunction preventing the ECt from eliminating Ankomah’s name from its list of candidates for the upcoming bye-election or dealing with him in any way that would be detrimental to his or the party’s interests.
Ernest Yaw Kumi, the NPP’s Member of Parliament for the constituency, died after barely six months in office, necessitating the by-election.
The late Ernest Kumi defeated Henry Boakye Yiadom, the NDC’s candidate in the 2024 parliamentary election, by 19,269 to 17,206, a margin of 2,063 votes.
Source: newsthemegh.com