Nalerigu High Court Restrains Five NDC Members from Regional Elections

The Nalerigu High Court in Ghana has granted an injunction restraining five members co-opted by the Nalerigu/Gambaga Constituency Executives of the National Democratic Congress from participating in the party's Regional Executive Elections. The court, presided over by Justice Samuel Bright Acquah, granted the ex parte application for an interlocutory injunction on November 12, 2026. This decision was made after seven party members, led by Safianu Akunloya Akukua, the Nalerigu/Gambaga Constituency Chairman of the NDC, contested the eligibility of the five members to participate in the regional elections.

The five affected members are Alhassan Iddrisu, Abdulai Mahamudu, Mahama Yussif, Mumuni Abdul Salimu, and Naabu Tamanja. According to the affidavit in support of the application, the party's General Secretary had directed all constituencies to nominate five co-opted members and submit their names through the Regional Secretary for onward submission to the party's headquarters in Accra. However, the plaintiffs argued that the process through which the five members were co-opted by the Nalerigu/Gambaga Constituency Executives violated the party's constitutional provisions, particularly Articles 16 and 49.

The plaintiffs maintained that the disputed co-option and the subsequent attempt to allow the five members to participate in the regional elections raised serious questions about the legality of the electoral process. They argued that allowing the five members to vote would confer electoral rights on persons whose co-option they considered unconstitutional, thereby compromising the credibility and legitimacy of the regional elections. The applicants further stated that they had made several attempts to resolve the disagreement through the party's internal structures before resorting to the court.

The applicants said they petitioned the party's relevant authorities and subsequently instructed their lawyers to write to the General Secretary through the party's legal representatives. However, they received no satisfactory response to their concerns. The defendants had also failed to address the complaints despite the approaching regional elections, leaving the applicants with no option but to seek judicial intervention. The court considered the urgency of the matter, noting that only two days remained before the scheduled elections.

In arguing for the injunction, the applicants maintained that the balance of convenience favoured suspending the participation of the five members until the court determined the legality of their co-option. They argued that allowing the elections to proceed with the disputed members voting could permanently affect the electoral rights of eligible party members, even if the court subsequently ruled in their favour. The applicants also invoked the public interest in protecting the integrity of internal party elections.

The court, after considering the application, the submissions of counsel, and the documents filed, including the NDC constitution, granted the injunction. The court's decision was based on the grounds that the application raised a triable issue concerning an alleged breach of the NDC's constitution. The injunction will remain in effect pending further proceedings. The regional elections are scheduled to take place on November 14, 2026.

The NDC's internal elections are crucial for the party's operations and credibility. The court's intervention aims to ensure that the party's electoral processes are conducted in accordance with its constitution. The outcome of this case may have implications for the party's future elections and internal governance.

Key points

• The Nalerigu High Court restrained five co-opted NDC members from participating in the party's Regional Executive Elections due to concerns about the legality of their co-option.