Accra High Court in Accra has quashed the Action Peoples Party’s (APP) application, which sought to force a stop to the Akwatia by-election until a verdict was given on the suit challenging the Electoral Commission’s (EC) decision to disqualify its parliamentary candidate, David Ankomah.

The Party, according to the Writ of Summons filed at the High Court in Accra, accused the EC of unjust disqualification, adding that the disqualification was made with “malice and fraud”, particularly in how it handled the demand for a tax clearance certificate on short notice.

However, their demands have been dismissed after the court presided over by Justice John Eugene Nyanteh Nyadu ruled that granting the application would be an injustice to the rest of the contenders, for the time and resources spent in preparing for the elections.

"Accordingly, the application for interlocutory injunction is hereby refused,” the court stated.

However, after the court discovered the party's financial investment in the elections, the Justice ruled that they should be compensated by the Electoral Commission.

“In the opinion of this court, therefore, since the balance of convenience weighs in favour of the respondent and the injury to the second applicant can adequately be compensated for by the award of damages, an order for interlocutory injunction should not be granted" the court stated.

The substantive suit would, however, continue at a later date.

Part's reaction to the ruling

Following the ruling, the Founder of the party, Kenneth Nana Kwame Asamoah, who represented the parliamentary candidate and the party in court, admits his discontent with the ruling; however, as one who upholds the laws of the country, he will abide by it just as ruled by the court.

“We are law-abiding citizens and we have to follow the rules and regulations, and so we will do so and advise ourselves on the way forward,” he stated.

On whether the party would throw its support behind any of the two major political parties contesting in the election, he said the party was yet to make a decision since its candidate was not on the ballot paper.

Background

The APP dragged the EC to court over the disqualification of their candidate on grounds of failure to submit submit his tax clearance certificate on August 22.

It further filed an application seeking to halt the elections until the final determination of the suit challenging the EC’s decision to disqualify Mr. Ankomah.

In the substantive suit, the party was of the view that the EC notified Ankomah on short notice to present a tax clearance certificate, which he could not reasonably obtain in time.

Ankomah argued that the Commission gave him too short a notice to produce the certificate through the Akwatia District Electoral Officer, which caused his inability to provide the required document.

Additionally, he maintains that he has completed all necessary processes needed to participate in the race. He has therefore prayed the Court to suspend the by-election until the case is determined.

The Akwatia by-election is scheduled for Tuesday, September 2. The election has become necessary following the tragic passing of the Member of Parliament for the constituency, Ernest Yaw Kumi, who had served for only six months.

In a series of security operations in Akwatia, the Eastern South Regional Police Command has announced the arrest of ten persons and the confiscation of nine firearms ahead of the upcoming by-election.

The seized firearms include eight pump-action shotguns and one locally manufactured single-barrel gun.

This was announced in a statement shared on the Command’s official Facebook page earlier today. The statement noted that, “These seizures form part of intensified efforts to prevent the unlawful possession and use of weapons during the electoral process.”

The first suspects were intercepted in a vehicle driven by one Bernard Kumi Ofosu near the St. Dominic Hospital in Akwatia. A search of the vehicle uncovered a Tulpar double-barrel pump-action gun, four AAA live cartridges, and two FTB blanks. Ofosu admitted ownership and presented a valid license. He is currently assisting with investigations while the exhibits undergo verification.

The statement further revealed that another operation led to the arrest of suspect Joshua Amenuku, from whom 15 live cartridges were retrieved. A subsequent search at his residence uncovered an Adler Tulpar pump-action gun and five additional live cartridges.

“In a separate operation at the Akwatia Y-Junction snap check, the Police arrested suspect Joshua Amenuku after retrieving 15 live BB cartridges from him. A subsequent search at his residence uncovered one Adler Tulpar pump-action gun and five additional live BB cartridges,” the police added.

Later that evening, the police intercepted a Toyota Hilux pickup at the Boadua Livingstone snap checkpoint and arrested suspects Enoch Asiedu and Lu Youyan, a Chinese national, after retrieving four live BB cartridges from the vehicle.

According to the statement, “Preliminary interrogation revealed that the ammunition allegedly belonged to their employer, one Mohammed, identified as the owner of the vehicle. Efforts are underway to trace and arrest suspect Mohammed for interrogation, while the two suspects remain in custody assisting investigations.”

In another operation on Friday, August 23, police officers on duty at the Boadua Livingstone Junction snap checkpoint arrested suspect Pieterson Joseph after retrieving one Adler Tulpar pump-action gun and 46 AAA and BB cartridges from his vehicle. The suspect admitted ownership of the firearm.

On the same day, officers on snap-check duty at Staff Village Boadua intercepted a Toyota Tundra pickup with registration number WR 5535-13 traveling from Asamankese towards Boadua.

A search conducted on the vehicle revealed three pump-action guns, including one Pardus pump-action, one Huglu Atroe pump-action, and one other pump-action gun.

Suspect Stephen Nkansah claimed ownership of two of the firearms and stated that the third belonged to his chief. Nkansah has since been arrested and detained for investigation.

Following these successful operations, the police assured the public and all stakeholders that they will intensify efforts to ensure the integrity of the elections as well as maintain peace and security in the region ahead of the polls.

Meanwhile, the Inspector General of Police (IGP), Mr. Christian Tetteh Yohuno, has assured that his outfit will remain vigilant to avert any form of misconduct or electoral violence during the Akwatia by-election.

Engaging the media, the IGP stated that his officers are fully prepared. “We want to assure Ghanaians that the police are ready to handle any type of thing that may come in Akwatia. We are ready with the men. We have the men who can handle this situation, and then our eyes are red for Akwatia, and nobody, nobody should think of coming to cause trouble,” he said.

The IGP also cautioned political parties participating in the by-election against mobilising supporters to disrupt the electoral process.

“No political party should mobilise men to come and foment trouble, and nobody should have in mind the intention of snatching a ballot box. We have prepared our men adequately to handle this situation, and that, I informed the political parties as I met them yesterday [Tuesday],” he explained.

The police have further warned that individuals who attempt to cause any form of violence during the by-election will be swiftly apprehended and made to face the full rigour of the law.

According to the police, a mobile prison will be set up to detain suspects. The IGP revealed this to the media during the final day of a five-day intensive training at the High-Risk Operations Training Centre (HROT-C) at Akyeremanteng in the Eastern Region.

“There is no fear for Akwatia; this will be one of the best and most peaceful elections because we are fully prepared. If you come quietly to vote, we will receive you quietly; if you have any intention of causing trouble, we will not allow you to go free, and we will change your location. We will house you in different forms before your trouble goes far. Under no circumstances will someone come to the polling station to create a problem, and we will allow the person to go free,” the IGP said.

The training covered tactical drills such as rappelling, precision shooting, handcuffing, vehicle stop-and-search procedures, crowd control, and human rights considerations. Over 5,000 police personnel are expected to be deployed to Akwatia for the by-election.

On August 12, 2025, the IGP and his team held a meeting with the Electoral Commission (EC) to discuss the broader roadmap for the polls. The discussions focused on coordination between the Police and the EC to ensure smooth operations before, during, and after the election. The EC also outlined its operational roadmap for the conduct of the by-election.

Similarly, on August 13, 2025, the Police engaged the Institute of Democratic Governance (IDEG) at the National Police Headquarters. At the meeting, IDEG highlighted concerns related to electoral security, transparency, and the role of stakeholders in sustaining public confidence in the process.