Court dismisses injunction against MUSIGA elections, orders plaintiffs to pay damages

An Accra High Court has dismissed an injunction case against the scheduled MUSIGA elections, originally for August 8, 2023.

The court ruling, which was delivered by Justice Charles Gyamfi Danquah, also quashed the substantive case that demanded MUSIGA to present its financial records prior to the elections.

The plaintiffs in the case, Doe Kwablah Seyenam Nyamadi and Frederick Van Dyk were both MUSIGA members.

They had sought an interlocutory injunction against the elections, arguing that MUSIGA had not complied with its constitution by failing to properly disclose its financial records.

However, the court ruled in favour of MUSIGA, stating that the plaintiffs had not demonstrated that they would suffer irreparable harm if the elections were allowed to proceed.

The court also found that the plaintiffs had failed to establish a prima facie case against MUSIGA.

In addition to dismissing the injunction case, the court also ordered the plaintiffs to pay damages to MUSIGA in the amount of GH¢10,000.

This is because the plaintiffs’ legal action had caused disruption to the electoral process.

The dismissal of the injunction case is a major victory for MUSIGA and its members. It paves the way for the elections to take place as scheduled, and it brings an end to a long and protracted legal battle.

The MUSIGA elections have been marred by controversy for several years. The previous elections, which were held in 2019, were also marred by legal challenges.

The acting president of MUSIGA, Bessa Simons, will now have the task of navigating the challenges facing the union and ensuring that the upcoming elections are free and fair.