An Accra High Court presided by His Lordship Charles Gyamfi Danquah has dismissed the injunction that had cast uncertainty over the scheduled MUSIGA elections set for August 8, 2023.
Justice Gyamfi Danquah’s ruling not only dismissed the motion for the injunction but also quashed the substantive case that demanded MUSIGA to present its financial records prior to the elections.
The court proceedings have culminated in a noteworthy decision that carries significant implications for the state of the MUSIGA elections and its members.
The plaintiffs, Doe Kwablah Seyenam Nyamadi and Frederick Van Dyk, both MUSIGA members, had sought an interlocutory injunction against the elections. However, their application was met with dismissal as the court found in favour of allowing the elections to proceed as scheduled.
The ruling also carried monetary consequences for the plaintiffs, 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 plaintiffs, Doe Kwablah Seyenam Nyamadi and Frederick Van Dyk, who initiated the legal action, contended that the defendants, including MUSIGA and its executives, had neglected to adhere to the organization’s constitution, which requires proper financial reporting.
The absence of these financial disclosures, they argued, disqualified the defendants from conducting elections and subsequently transferring power to a new executive committee.
However, despite the plaintiffs’ claims and the withdrawal of their case in court, the defence asserted that the damage caused to the elections’ proceedings by the legal action warranted the imposition of damages.
Lawyer Nanabanyin Ackon, representing MUSIGA, maintained that the plaintiffs’ intentions to discontinue the case did not negate the adverse impact on the electoral process.
The elections, originally scheduled for 2019 following the end of Bice Osei Kuffour’s tenure as president, have been marred by complications. Debates over voter registration updates and delegate eligibility have plagued the process, further exacerbated by legal battles such as the one recently dismissed by the Accra High Court.
The acting president, Bessa Simons, who has helmed the union for the past four years, now faces the task of navigating these challenges while steering MUSIGA toward its future.
