FRIMPONG & 4 ORS VRS GYAN CUDJOE & 2 ORS (J8/18/2025) [2024] GHASC 63 (5 December 2024)

FRIMPONG & 4 ORS VRS GYAN CUDJOE & 2 ORS (J8/18/2025) [2024] GHASC 63 (5 December 2024)

The application for interim injunction was dismissed because the applicants failed to demonstrate that irreparable harm would result from allowing the election to proceed, as any proven forgery could be remedied by subsequent annulment or by-election. The balance of convenience and public interest weighed heavily against halting the election at such an advanced stage, and the procedural irregularity in filing was regularized due to overriding public interest.

Citation
FRIMPONG & 4 ORS VRS GYAN CUDJOE & 2 ORS (J8/18/2025) [2024] GHASC 63 (5 December 2024)
Parties
Applicant: Gyedu Frimpong; Applicant: Akudibilla Daniel; Applicant: Enoch Ntiakoh; Applicant: Isaac Twum; Applicant: Doris Aidoo; Interested Party: Joana Gyan Cudjoe; Interested Party: The National Democratic Congress; Interested Party: The Electoral Commission
Court
ghasc
Jurisdiction
Ghana
Judgment Date
5 December 2024
Procedural Posture
Civil Motion (ex Parte Interim Injunction) / Ruling on Ex Parte Application for Interim Injunction
Outcome
Application dismissed
Legal Topics
Interim Injunction, Election Disputes, Procedural Compliance, Mootness, Balance of Convenience
Source Language
eng
Civil Procedure Election Law Constitutional Law Interim Injunction Election Disputes Procedural Compliance Mootness Balance of Convenience

Case Brief

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Parties

Gyedu Frimpong

Applicant

Akudibilla Daniel

Applicant

Enoch Ntiakoh

Applicant

Isaac Twum

Applicant

Doris Aidoo

Applicant

Joana Gyan Cudjoe

Interested Party

The National Democratic Congress

Interested Party

The Electoral Commission

Interested Party

Procedural Posture

Civil Motion (ex Parte Interim Injunction) / Ruling on Ex Parte Application for Interim Injunction

Legal Issues

  1. 1 Whether the ex parte application for interim injunction restraining the Electoral Commission from conducting the Amenfi Central parliamentary election should be granted three days before the scheduled election date.
  2. 2 Whether the failure to contemporaneously file the statement of case with the application is fatal to the application.
  3. 3 Whether the participation of the 1st Interested Party would render the applicants' pending cases moot or cause irreparable harm.

Ratio Decidendi

The application for interim injunction was dismissed because the applicants failed to demonstrate that irreparable harm would result from allowing the election to proceed, as any proven forgery could be remedied by subsequent annulment or by-election. The balance of convenience and public interest weighed heavily against halting the election at such an advanced stage, and the procedural irregularity in filing was regularized due to overriding public interest.

Court Disposition

Application dismissed

Orders

  • Ex parte application for interim injunction is dismissed.