Ghana Court Greenlights WhatsApp Service in Election Dispute as Key Seat Hangs in Balance

In an unprecedented legal maneuver, bailiffs from Ghana’s Supreme Court have served New Patriotic Party (NPP) parliamentary candidate Akua Afriyie with court documents via WhatsApp and at her office, escalating a contentious battle over the unresolved Ablekuma North parliamentary seat.

The move follows a February 6 court order permitting substituted service after repeated attempts to physically deliver the filings failed, signaling the high stakes of a race that remains undecided nearly three months after national elections.

The case, initiated by National Democratic Congress (NDC) candidates in four constituencies including Ablekuma North, centers on alleged electoral irregularities. Justice H. Kwofie’s ruling allowed plaintiffs to serve NPP candidates through unconventional means, including posting documents on the Supreme Court’s notice board, affixing them to properties linked to the defendants, and even using WhatsApp for digital delivery. On February 20, bailiffs executed the order for Afriyie, delivering papers to her office and her mobile phone via the messaging app—a rare tactic underscoring the urgency of the case.

The Ablekuma North contest, still undeclared by Ghana’s Electoral Commission (EC), has become a flashpoint in the aftermath of the 2024 general elections. Afriyie and her NDC rival, whose name remains undisclosed in court filings, are locked in a stalemate that has left constituents without parliamentary representation. Legal experts suggest the NDC’s certiorari application seeks to challenge the legitimacy of the poll results, though specifics of the claims remain under wraps.

“Substituted service is a last resort, but it ensures the judicial process isn’t stalled by evasion,” explained law professor Clara Mensah. “If the NPP candidate fails to respond within the mandated period, the court could rule ex parte, potentially invalidating her candidacy or the results.”

The dispute highlights growing tensions over Ghana’s electoral integrity, particularly in tightly contested races. The NDC has repeatedly accused the EC of bias in delayed declarations, while the NPP maintains its candidates won fairly. The unresolved seat also raises constitutional concerns, as parliament cannot fully convene without all members sworn in.

Meanwhile, the EC has remained silent on the holdup, fueling speculation about administrative flaws or external pressures. With the court now介入, the focus shifts to Afriyie’s next move. Failure to respond could fast-track a judgment that reshapes the constituency’s political landscape—and tests Ghana’s commitment to electoral accountability.

As citizens await clarity, the case sets a modern precedent: in an era of digital ubiquity, even WhatsApp can become a tool of democracy’s defense—or its unraveling.

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