A Constitutional lawyer, Raymond Bidema, has welcomed the High Court’s decision to dismiss the largest opposition New Patriotic Party’s application for an injunction against Friday’s parliamentary primaries rerun in the Ablekuma North constituency.
This comes after the court gave the Electoral Commission the green light to proceed with the election re-run in some 19 polling stations aimed at resolving the long-disputed outcome of the December 7, 2024 parliamentary election in the constituency.
Speaking to Starr News on the back of this, Lawyer Bidema said the court’s ruling strengthens the independence of the judiciary and the right of participation in a free and fair electoral process.
“In order not to waste time, she should reconnect with the grassroots and focus all her efforts on contesting the election scheduled for Friday. Otherwise, it’s important to understand the conditions under which a court will grant an injunction.
An injunction is an equitable remedy and is therefore granted at the discretion of the court. In exercising that discretion, the court considers whether allowing the act in question to continue would result in harm or damage that cannot be adequately compensated. If the court finds that damages would not be a sufficient remedy, it may grant the injunction.
However, in this particular case, I believe any harm that might occur can be adequately compensated, and therefore the court was right in dismissing the application for an injunction.
With the injunction application dismissed, the only viable option available to the NPP as a political party—and to their parliamentary candidate—is to prepare for and participate in the rerun of the election.”
Source: Starrfm.com.gh/Benjamin Sackey
