Court Throws Out Recent Injunction On MUSIGA Polls

An Accra High Court presided by His Lordship Charles Gyamfi Danquah has struck out an injunction that had cast uncertainty over the expected MUSIGA polls set for August 8, 2023.

Justice Gyamfi Danquah’s ruling not only dismissed the motion for the injunction but also quelled the substantive case that demanded MUSIGA present its financial records before the polls.

The court proceedings have pinnacled in a noteworthy decision that carries significant essence for the state of the MUSIGA polls and its members.

The complainants, Doe Kwablah Seyenam Nyamadi and Frederick Van Dyk, both MUSIGA members, had sought an interlocutory injunction against the polls. However, their application was met with dismissal as the court found in favour of allowing the elections to proceed as scheduled.

The verdict also carried financial effects for the complainants, with Justice Gyamfi Danquah ordering them to pay damages amounting to GH¢10,000.00.

This decision follows a turbulent legal battle that has introduced delays and complexities to the MUSIGA electoral process.

This marks the fifth occasion in recent years that MUSIGA has faced legal proceedings that disrupted the electoral timeline. The impending elections should have occurred in 2020, but various litigations have consistently obstructed their progress. With each postponement, the continuity and functionality of MUSIGA’s leadership have been put under strain.

The complainants, Doe Kwablah Seyenam Nyamadi and Frederick Van Dyk, who instigated the legal action, argued that the defendants, including MUSIGA and its executives, had failed to stick to the organization’s constitution, which mandates reasonable financial reporting.

The dearth of these monetary revelations, they contended, disqualified the defendants from conducting polls and thereafter passing on power to a pristine executive committee.

Nonetheless, despite the complainants’ claims and the withdrawal of their case in court, the defence contended that the damage caused to the polls’ proceedings by the legal action merited the imposition of damages.

Attorney Nanabanyin Ackon, representing MUSIGA, defended that the complainants’ intentions to halt the case did not negate the adverse effect on the electoral procedure.

The polls, initially scheduled for 2019 following the end of Bice Osei Kuffour’s term as president, have been tainted by difficulties. Disputes over voter registration updates and delegate eligibility have afflicted the process, further exacerbated by legal wars such as the one recently thrown out by the Accra High Court.

The acting president, Bessa Simons, who has steered the union for the past four years, now confronts the task of handling these challenges while steering MUSIGA toward its future.

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