Nalerigu High Court: NDC Election Injunction Bars 5 Members From Regional Polls
Case Law

Nalerigu High Court: NDC Election Injunction Bars 5 Members From Regional Polls

Ghana·Briefly Analysis⏱️ 5 min read

Summary

  • The Nalerigu High Court issued an injunction preventing five NDC members from participating in regional executive elections scheduled for November 14, 2026.
  • Justice Samuel Bright Acquah granted an ex parte application filed by Safianu Akunloya Akukua and six others against the NDC and seven other defendants.
  • The dispute centers on the legitimacy of five co-opted constituency executive members and alleged violations of the NDC Constitution regarding their selection.
  • Conflicting accounts from party factions detail disagreements over quorum and constitutional compliance during the co-option process on October 29.
  • This legal challenge is viewed within the context of a broader political rivalry between North East Regional Minister Ibrahim Tia and former MP Alhaji Baba Seidu Issifu.

Court Intervention in NDC Elections

This case underscores the importance of strict adherence to internal party constitutions to avoid legal challenges and potential injunctions affecting critical organizational activities.

The Nalerigu High Court has issued a significant ruling, imposing an injunction that bars five members of the National Democratic Congress (NDC) from participating in the party's Regional Executive Elections, which are scheduled for Saturday, November 14, 2026. This judicial intervention stems from an escalating internal dispute within the Nalerigu-Gambaga Constituency, specifically concerning the legitimacy of certain co-opted members. The court's decision, presided over by Justice Samuel Bright Acquah, was a response to an ex parte application filed by Safianu Akunloya Akukua and six other plaintiffs, who were represented by lawyer Issaka Balima Musah. The application named the NDC and seven other individuals as defendants.

This Nalerigu High Court NDC election injunction highlights deep-seated divisions and a contentious struggle for political influence within the constituency. The core of the legal challenge revolves around the selection process for five additional members co-opted into the constituency executive committee. The plaintiffs contend that the process did not adhere to the party's constitutional provisions, leading to questions about the legitimacy of these individuals and their right to participate in subsequent party elections. The court's willingness to intervene in such internal party matters signals a critical precedent for governance within political organizations.

The Genesis of the Dispute

The immediate catalyst for the legal action was a disagreement over the proper procedure for co-opting five additional members into the Nalerigu-Gambaga Constituency executive committee, and whether this process aligned with the NDC Constitution. On November 10, 2026, the Constituency Chairman, alongside several executive members, convened a press conference to publicly challenge the validity of a proposed list of these five co-opted individuals. They accused party officials of undermining the authority of the constituency executive committee and facilitating the inclusion of members whose selection, they argued, bypassed established constitutional protocols. The group warned of potential demonstrations and legal recourse if the contentious list was not withdrawn, also raising concerns about the alleged involvement of North East Regional Minister Ibrahim Tia in the process.

However, a counter-narrative emerged on Wednesday, November 11, when the constituency's Vice Chairman, Abdulai Tahiru Yampasia, led a separate press conference. Accompanied by Deputy Secretary Ibrahim Basigi and fourteen other executives, Yampasia's faction issued a statement titled "Setting the Record Straight: The Facts Behind the Co-option of Five Constituency Executive Committee Members." This group staunchly defended the co-option process, asserting its constitutional legitimacy. They claimed that the Chairman and eight other executives had deliberately walked out of a meeting on October 29, which was specifically convened to deliberate on the co-option. Following the walkout, the Vice Chairman reportedly assumed leadership, allowing the remaining fifteen members of the twenty-four-member committee to continue. These fifteen executives maintained that they constituted a valid quorum under Article 50 of the NDC Constitution and unanimously endorsed the five-member list after consultations with the Regional Executive Committee. They also contested the Chairman's preferred geographical distribution for the positions, which favored three representatives from Gbintri and two from Sakogu, proposing instead an allocation of two positions each to Sakogu and Gbintri, with the final position going to Nagboo, citing Articles 16(1)(r), 50, and 51 of the party constitution.

Broader Political Context and Implications

This internal NDC election dispute in the Nalerigu-Gambaga Constituency is widely perceived as a manifestation of a deeper political rivalry. The conflict is understood to be part of a broader struggle for influence between the North East Regional Minister, Ibrahim Tia, and Alhaji Baba Seidu Issifu, a former Nalerigu-Gambaga Member of Parliament and former Minister for Climate Change and Sustainability. The escalating accusations, competing press conferences, and threats of legal action underscore the intensity of this power struggle, which has now spilled into the judicial arena.

The Nalerigu High Court's decision to grant an injunction against the participation of disputed members in the regional elections serves as a critical reminder for political parties and organizations regarding internal governance. This case underscores the importance of strict adherence to internal party constitutions to avoid legal challenges and potential injunctions affecting critical organizational activities. When internal processes are perceived to be circumvented or manipulated, it can lead to significant legal battles, disrupt electoral schedules, and ultimately undermine public confidence in the party's democratic principles. The intervention by Justice Samuel Bright Acquah highlights that courts are prepared to scrutinize and rule on internal party matters when constitutional violations are alleged, emphasizing the need for transparency and strict adherence to established rules.

Practical Implications

Lawyers advising political parties or organizations with internal governance disputes should note the Nalerigu High Court's willingness to intervene in internal election processes based on alleged constitutional violations. This case underscores the importance of strict adherence to internal party constitutions to avoid legal challenges and potential injunctions affecting critical organizational activities.

Source

Source: Original reporting via Eliasu Tanko

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