Techiman High Court Dismisses NDC’s Petition Against NPP’s Martin Adjei Mensah Korsah

The Techiman High Court has dismissed a parliamentary election petition filed by Christopher Beyere Baasongti, the National Democratic Congress (NDC) parliamentary candidate for the 2024 elections, against the New Patriotic Party (NPP) Member of Parliament for Techiman South, Martin Adjei-Mensah Korsah. The court’s decision, delivered on 17 February 2025, centered on the petitioner’s failure to comply with legal requirements for filing an election petition.

Background of the Case

Christopher Beyere Baasongti filed the petition on 27 January 2025, challenging the results of the Techiman South parliamentary election as gazetted by the Electoral Commission (EC) on 7 January 2025. However, Martin Adjei-Mensah Korsah, through his lawyer, Gary Nimako Marfo, filed a motion on 31 January 2025 to dismiss the petition. The motion argued that Baasongti had failed to provide security for costs within the 21-day period stipulated by law, rendering the petition invalid.

Legal Arguments and Court Ruling

Adjei-Mensah Korsah’s legal team contended that the petitioner did not apply for the determination of security for costs within the required timeframe, as mandated by Section 18(2) of the Representation of the People Law, 1992 (PNDCL 284). This failure, they argued, invalidated the petition and warranted its dismissal.

The High Court, in its ruling, agreed with the respondent’s arguments. It held that Baasongti’s failure to comply with the legal requirement of applying for and paying security for costs within the prescribed 21-day period rendered the petition invalid. Consequently, the court dismissed the petition, upholding the election of Martin Adjei-Mensah Korsah as the duly elected MP for Techiman South.

Representation in Court

Christopher Beyere Baasongti was represented in court by Abdul-Hameed Zakaria, while Martin Adjei-Mensah Korsah was represented by Gary Nimako Marfo, the NPP’s Director of Legal Affairs. The court’s decision underscores the importance of adhering to procedural requirements in election petitions, as failure to do so can lead to the dismissal of otherwise substantive claims.

Implications of the Ruling

The dismissal of the petition highlights the critical role of procedural compliance in election disputes. It also reaffirms the legal principle that statutory timelines and requirements must be strictly observed to ensure the validity of legal challenges. For the NDC and its candidate, the ruling represents a setback in their efforts to contest the election results. For the NPP and Martin Adjei-Mensah Korsah, it solidifies their victory and reinforces the legitimacy of the electoral process in Techiman South.

As Ghana continues to strengthen its democratic institutions, this case serves as a reminder of the importance of legal precision and adherence to due process in resolving electoral disputes.

Source: GhanaFeed.Com