The Koforidua High Court presided over by Justice Senyo Amedahe has dismissed application seeking to set aside an interim injunction barring the swearing-in of Ernest Yaw Kumi as the Member of Parliament-elect for Akwatia pending the substantive case challenging the election results.
The injunction on swearing-in of the MP elect, scheduled for the midnight inauguration of January 7, 2024, therefore remains.
On January 3,2025 the court issued an interim injunction preventing Ernest Yaw Kumi’s swearing-in following a lawsuit filed by Henry Boakye-Yiadom, the NDC parliamentary candidate.
The lawsuit, filed against the Electoral Commission, Ernest Yaw Kumi, and the Clerk to Parliament, challenges the election results, which declared Mr. Kumi of the NPP the winner with 19,269 votes against Mr. Boakye-Yiadom’s 17,206 votes.
Moving the motion on Sunday , Gary Nimako Esq, lead counsel for Ernest Yaw Kumi, argued that the injunction application and election petition were improperly filed.
He cited Section 16(1) of the Representation of the People’s Law, 1992 (PNDC Law 284), to argue that such actions can only be initiated after the Electoral Commission gazettes the MP-elect or in cases involving corruption or criminal allegations.
In response, Bernard Bediako Baidoo Esq., counsel for the respondent, led by Isaac Minta Larbi Esq., referenced Supreme Court rulings interpreting Section 16(1) of PNDC Law 284. He argued that a petition can be filed once the election process is completed and the winner declared or gazetted.
He cited publications on Ghana News Agency, Graphiconline which the EC announced it has gazzetted 274 MPs elect including Akwatia constituency.
Delivering the ruling Monday January 6,Justice Senyo Amedahe said upheld argument by the Counsel for the plaintiff respondent hence dismissed the application to set aside the injunction.
Fanteakwa North
Meanwhile,His Lordship George Krofa Addae of the Koforidua High Court -2 has recused himself from the Fanteakwa North Parliamentary election case, citing personal connections and friendships with key individuals involved.
The judge revealed that he is a native of Begoro, the district capital of Fanteakwa North, and that his wife and family are from the town.
He acknowledged his friendships with executives of both the NPP and NDC, adding that they sometimes visit him.
Given these personal ties, he deemed it inappropriate to preside over three cases which involves an application to set aside a writ of summons and certiorari, a substantive injunction against Kwame Appiah Kodua, the NPP MP-elect, and a contempt application.
Justice Addae has referred the matter to the Chief Justice for reassignment.
He has adjourned proceedings indefinitely.
Source: www.kumasimail.com/Kojo Ansah
