The Koforidua High Court has upheld an injunction application filed by the National Democratic Congress (NDC) parliamentary candidate, Henry Boakye Yiadom, effectively barring the swearing-in of New Patriotic Party (NPP) candidate Ernest Kumi as the Member of Parliament-elect for the Akwatia Constituency.
The ruling, delivered on Monday, January 6, 2025, by His Worship Justice Senyo Amedahe, follows intense legal arguments from both sides in the closely contested parliamentary election dispute.
Background of the Case
The case stems from the December 7 elections, with the results declared by the Electoral Commission at the National Police Training School in Tesano, Accra. Dissatisfied with the outcome, Boakye Yiadom petitioned the court, citing alleged irregularities and procedural lapses during the polls. On January 2, the court granted his request for an interim injunction against the Electoral Commission, Ernest Kumi, and the Clerk of Parliament, preventing Kumi’s swearing-in until the matter is fully resolved.
During a special hearing on Sunday, January 5, NPP counsel Gary Nimako Marfo argued that the injunction was improperly filed and based on a flawed petition, further asserting that election results can only be challenged 21 days after gazette. He urged the court to dismiss the petition and lift the injunction, describing it as unfounded.
However, NDC counsel Mintah Larbi defended the injunction, asserting that the petition highlighted critical electoral irregularities and procedural inconsistencies that warranted judicial intervention.
Court’s Decision
In delivering his judgment, Justice Amedahe ruled that the NDC’s application for an injunction was valid, emphasizing the importance of thoroughly examining the allegations raised before proceeding with the swearing-in of the MP-elect.
“The sanctity of Ghana’s electoral process must be safeguarded, and the court’s intervention is warranted to ensure justice is served,” Justice Amedahe stated.
Reactions
Speaking after the judgment, Mintah Larbi, Director of Legal Affairs for the NDC in the Eastern Region, lauded the court’s decision as a victory for democracy. “This ruling affirms our commitment to ensuring fairness in the electoral process,” he said.
Meanwhile, NPP counsel Gary Nimako Marfo expressed disappointment with the ruling but hinted at the possibility of exploring further legal options. “While we respect the court’s decision, we remain resolute in our belief that this injunction lacks merit, and we will consider all available legal remedies,” he said.
Implications
The ruling leaves the Akwatia parliamentary seat in limbo, with Ernest Kumi unable to assume office pending the resolution of the petition. The decision is expected to heighten political tensions in the constituency while setting the stage for a protracted legal battle that could have significant implications for parliamentary composition.
As the case unfolds, both parties and constituents alike will be closely monitoring developments, awaiting a final resolution to the electoral dispute.
Source: GhanaFeed.Com
