• Contact US
  • Advertise With US
  • Privacy & Policy
  • Submit Station
Tuesday, December 2, 2025
KumasiMail
Advertisement
  • Home
  • News
    • All
    • Governance
    • Technology
    • World
    “Be bold and name the galamsey culprits; don’t generalize the issue,” Kabore urged Ghanaians

    “Be bold and name the galamsey culprits; don’t generalize the issue,” Kabore urged Ghanaians

    Agradaa Case: Court directs parties to submit plea bargain details

    Agradaa Case: Court directs parties to submit plea bargain details

    “Responsible Cooperative Mining”: Govt redirects 80% profits to workers, 10% for community dev’t- Kabore

    “Responsible Cooperative Mining”: Govt redirects 80% profits to workers, 10% for community dev’t- Kabore

    Kwahu chiefs petition REGSEC, demand swift action on chieftaincy impasse

    Kwahu chiefs petition REGSEC, demand swift action on chieftaincy impasse

  • Health
    Zipline Exposed: Drones deliver condoms, textbooks… only 4% emergencies and 12% hard-to-reach- Health Minister

    Zipline Exposed: Drones deliver condoms, textbooks… only 4% emergencies and 12% hard-to-reach- Health Minister

    Gov’t Fires Back: “Zipline contract still active, but at a cost the former regime hid”

    Gov’t Fires Back: “Zipline contract still active, but at a cost the former regime hid”

    HeFRA directs Tamale Technical University Hospital to resume operations after re-inspection

    HeFRA directs Tamale Technical University Hospital to resume operations after re-inspection

    KATH board chairman accused of plotting to oust facility’s lawyer

    KATH holds workshop to reinforce rational opioid use among staff

  • Education
    GES slams ex- Education Minister Adutwum over WASSCE excuse game

    GES slams ex- Education Minister Adutwum over WASSCE excuse game

    GES declares 2025 WASSCE results a ‘victory’ for exam integrity

    GES declares 2025 WASSCE results a ‘victory’ for exam integrity

    PRINCOF raises alarm over CETAG strike, infrastructure gaps and funding delays at 2025 annual conference

    PRINCOF raises alarm over CETAG strike, infrastructure gaps and funding delays at 2025 annual conference

    Respect mission schools’ rights — Presby Moderator urges Ghanaians

    Respect mission schools’ rights — Presby Moderator urges Ghanaians

  • Politics
    • All
    • Elections
    Lawyer Edudzi Tameklo questions Afenyo-Markin’s criticism of judiciary, cites past election-related Court actions

    Lawyer Edudzi Tameklo questions Afenyo-Markin’s criticism of judiciary, cites past election-related Court actions

    NPP Northern Region Executives Reject Court-Ordered Rerun of Kpandai Parliamentary Election

    NPP Northern Region Executives Reject Court-Ordered Rerun of Kpandai Parliamentary Election

    Some NPP members funded NDC to defeat Bawumia- Asenso Boakye alleges

    Some NPP members funded NDC to defeat Bawumia- Asenso Boakye alleges

    Afenyo-Markin’s privileges referral sparks fresh rifts in Parliament

    Afenyo-Markin’s privileges referral sparks fresh rifts in Parliament

  • Business
    24-Hour Economy pilot shows promising gains — Vice-President Opoku-Agyemang

    24-Hour Economy pilot shows promising gains — Vice-President Opoku-Agyemang

    Ghana’s public debt drops to GH¢736 billion – Bank of Ghana

    What informed the 18% policy rate: Full MPC reasoning released

    Fuel prices likely to be stable in the second-half of August 2024

    Fuel prices to rise as global market pressures and new levies take effect — COMAC

    Bono Cashew farmers renew calls for stable pricing amid market distortions

    Bono Cashew farmers renew calls for stable pricing amid market distortions

  • Showbiz
    Meet Justice Dorinda Smith Arthur, the Judge at the centre of the Daddy Lumba spousal ruling

    Meet Justice Dorinda Smith Arthur, the Judge at the centre of the Daddy Lumba spousal ruling

    Kumasi High Court declares both Odo Broni and Akosua Serwaa as lawful spouses of Daddy Lumba

    Kumasi High Court declares both Odo Broni and Akosua Serwaa as lawful spouses of Daddy Lumba

    Odo Broni was 14-years when she entered into a relationship with Daddy Lumba – Lawyer suggests in court

    ‘Original’ marriage documents in Daddy Lumba widowhood case pops up in court as defendants challenge authenticity

    Lydia Forson criticizes ‘selective advocacy’ amid Wesley Girls controversy

    Lydia Forson criticizes ‘selective advocacy’ amid Wesley Girls controversy

  • Opinion
    Calls for expanded Supreme Court panel intensify as Wesley Girls’ religious liberties case gains national attention

    Calls for expanded Supreme Court panel intensify as Wesley Girls’ religious liberties case gains national attention

    Eastern Minister top, Ashanti Minster left down and Western Minster right down

    Will the Attorney General direct EOCO to probe ministers accused of galamsey?

    EDITORIAL: Peace FM Must Return to the Journalism We Grew Up Loving

    EDITORIAL: Peace FM Must Return to the Journalism We Grew Up Loving

    Gov’t must be deliberate in empowering businesspeople – Seidu Agongo

    2026 budget: Blueprint for transformation or another missed opportunity

  • Sports
    • All
    • Athletics
    • Basketball
    • Football
    • Rugby
    • Tennis
    Nashville SC announce signing of Ghanaian defender Maxwell Woledzi

    Nashville SC announce signing of Ghanaian defender Maxwell Woledzi

    Laliga:“We’re playing against a fantastic team, expect a though encounter”- Hansi Flick

    Laliga:“We’re playing against a fantastic team, expect a though encounter”- Hansi Flick

    Foden’s leadership and scoring form impresses Guardiola

    Foden’s leadership and scoring form impresses Guardiola

    Dalot proud as he hits 150 Premier League games for Manchester United

    Dalot proud as he hits 150 Premier League games for Manchester United

  • Manhyia
    • All
    • History
    Bawku Conflict: Otumfuo concludes final mediation sitting at Manhyia

    Bawku Conflict: Otumfuo concludes final mediation sitting at Manhyia

    Why Otumfuo’s hair sometimes appears bushy: the Asante tradition explained

    Why Otumfuo’s hair sometimes appears bushy: the Asante tradition explained

    Manhyia sets stage for pivotal mediation as Bawku conflict nears possible resolution

    Manhyia sets stage for pivotal mediation as Bawku conflict nears possible resolution

    Nana Kunadu Agyeman- Rawlings  family announces funeral arrangements for the former First lady

    Nana Kunadu Agyeman- Rawlings family announces funeral arrangements for the former First lady

  • Africa
    • All
    • Central Africa
    • Western Africa
    Dangote Group aims for $100 billion revenue by 2030

    Dangote Group aims for $100 billion revenue by 2030

    As Professor Lebbie leads developments, The University of Sierra Leone unveils new facilities

    As Professor Lebbie leads developments, The University of Sierra Leone unveils new facilities

    Ghana’s Interior Minister calls for stronger regional action against rising drug threat in West Africa

    Ghana’s Interior Minister calls for stronger regional action against rising drug threat in West Africa

    AU, ECOWAS condemn Guinea-Bissau coup, demand restoration of constitutional order

    AU, ECOWAS condemn Guinea-Bissau coup, demand restoration of constitutional order

  • KumasiMail TV
No Result
View All Result
  • Home
  • News
    • All
    • Governance
    • Technology
    • World
    “Be bold and name the galamsey culprits; don’t generalize the issue,” Kabore urged Ghanaians

    “Be bold and name the galamsey culprits; don’t generalize the issue,” Kabore urged Ghanaians

    Agradaa Case: Court directs parties to submit plea bargain details

    Agradaa Case: Court directs parties to submit plea bargain details

    “Responsible Cooperative Mining”: Govt redirects 80% profits to workers, 10% for community dev’t- Kabore

    “Responsible Cooperative Mining”: Govt redirects 80% profits to workers, 10% for community dev’t- Kabore

    Kwahu chiefs petition REGSEC, demand swift action on chieftaincy impasse

    Kwahu chiefs petition REGSEC, demand swift action on chieftaincy impasse

  • Health
    Zipline Exposed: Drones deliver condoms, textbooks… only 4% emergencies and 12% hard-to-reach- Health Minister

    Zipline Exposed: Drones deliver condoms, textbooks… only 4% emergencies and 12% hard-to-reach- Health Minister

    Gov’t Fires Back: “Zipline contract still active, but at a cost the former regime hid”

    Gov’t Fires Back: “Zipline contract still active, but at a cost the former regime hid”

    HeFRA directs Tamale Technical University Hospital to resume operations after re-inspection

    HeFRA directs Tamale Technical University Hospital to resume operations after re-inspection

    KATH board chairman accused of plotting to oust facility’s lawyer

    KATH holds workshop to reinforce rational opioid use among staff

  • Education
    GES slams ex- Education Minister Adutwum over WASSCE excuse game

    GES slams ex- Education Minister Adutwum over WASSCE excuse game

    GES declares 2025 WASSCE results a ‘victory’ for exam integrity

    GES declares 2025 WASSCE results a ‘victory’ for exam integrity

    PRINCOF raises alarm over CETAG strike, infrastructure gaps and funding delays at 2025 annual conference

    PRINCOF raises alarm over CETAG strike, infrastructure gaps and funding delays at 2025 annual conference

    Respect mission schools’ rights — Presby Moderator urges Ghanaians

    Respect mission schools’ rights — Presby Moderator urges Ghanaians

  • Politics
    • All
    • Elections
    Lawyer Edudzi Tameklo questions Afenyo-Markin’s criticism of judiciary, cites past election-related Court actions

    Lawyer Edudzi Tameklo questions Afenyo-Markin’s criticism of judiciary, cites past election-related Court actions

    NPP Northern Region Executives Reject Court-Ordered Rerun of Kpandai Parliamentary Election

    NPP Northern Region Executives Reject Court-Ordered Rerun of Kpandai Parliamentary Election

    Some NPP members funded NDC to defeat Bawumia- Asenso Boakye alleges

    Some NPP members funded NDC to defeat Bawumia- Asenso Boakye alleges

    Afenyo-Markin’s privileges referral sparks fresh rifts in Parliament

    Afenyo-Markin’s privileges referral sparks fresh rifts in Parliament

  • Business
    24-Hour Economy pilot shows promising gains — Vice-President Opoku-Agyemang

    24-Hour Economy pilot shows promising gains — Vice-President Opoku-Agyemang

    Ghana’s public debt drops to GH¢736 billion – Bank of Ghana

    What informed the 18% policy rate: Full MPC reasoning released

    Fuel prices likely to be stable in the second-half of August 2024

    Fuel prices to rise as global market pressures and new levies take effect — COMAC

    Bono Cashew farmers renew calls for stable pricing amid market distortions

    Bono Cashew farmers renew calls for stable pricing amid market distortions

  • Showbiz
    Meet Justice Dorinda Smith Arthur, the Judge at the centre of the Daddy Lumba spousal ruling

    Meet Justice Dorinda Smith Arthur, the Judge at the centre of the Daddy Lumba spousal ruling

    Kumasi High Court declares both Odo Broni and Akosua Serwaa as lawful spouses of Daddy Lumba

    Kumasi High Court declares both Odo Broni and Akosua Serwaa as lawful spouses of Daddy Lumba

    Odo Broni was 14-years when she entered into a relationship with Daddy Lumba – Lawyer suggests in court

    ‘Original’ marriage documents in Daddy Lumba widowhood case pops up in court as defendants challenge authenticity

    Lydia Forson criticizes ‘selective advocacy’ amid Wesley Girls controversy

    Lydia Forson criticizes ‘selective advocacy’ amid Wesley Girls controversy

  • Opinion
    Calls for expanded Supreme Court panel intensify as Wesley Girls’ religious liberties case gains national attention

    Calls for expanded Supreme Court panel intensify as Wesley Girls’ religious liberties case gains national attention

    Eastern Minister top, Ashanti Minster left down and Western Minster right down

    Will the Attorney General direct EOCO to probe ministers accused of galamsey?

    EDITORIAL: Peace FM Must Return to the Journalism We Grew Up Loving

    EDITORIAL: Peace FM Must Return to the Journalism We Grew Up Loving

    Gov’t must be deliberate in empowering businesspeople – Seidu Agongo

    2026 budget: Blueprint for transformation or another missed opportunity

  • Sports
    • All
    • Athletics
    • Basketball
    • Football
    • Rugby
    • Tennis
    Nashville SC announce signing of Ghanaian defender Maxwell Woledzi

    Nashville SC announce signing of Ghanaian defender Maxwell Woledzi

    Laliga:“We’re playing against a fantastic team, expect a though encounter”- Hansi Flick

    Laliga:“We’re playing against a fantastic team, expect a though encounter”- Hansi Flick

    Foden’s leadership and scoring form impresses Guardiola

    Foden’s leadership and scoring form impresses Guardiola

    Dalot proud as he hits 150 Premier League games for Manchester United

    Dalot proud as he hits 150 Premier League games for Manchester United

  • Manhyia
    • All
    • History
    Bawku Conflict: Otumfuo concludes final mediation sitting at Manhyia

    Bawku Conflict: Otumfuo concludes final mediation sitting at Manhyia

    Why Otumfuo’s hair sometimes appears bushy: the Asante tradition explained

    Why Otumfuo’s hair sometimes appears bushy: the Asante tradition explained

    Manhyia sets stage for pivotal mediation as Bawku conflict nears possible resolution

    Manhyia sets stage for pivotal mediation as Bawku conflict nears possible resolution

    Nana Kunadu Agyeman- Rawlings  family announces funeral arrangements for the former First lady

    Nana Kunadu Agyeman- Rawlings family announces funeral arrangements for the former First lady

  • Africa
    • All
    • Central Africa
    • Western Africa
    Dangote Group aims for $100 billion revenue by 2030

    Dangote Group aims for $100 billion revenue by 2030

    As Professor Lebbie leads developments, The University of Sierra Leone unveils new facilities

    As Professor Lebbie leads developments, The University of Sierra Leone unveils new facilities

    Ghana’s Interior Minister calls for stronger regional action against rising drug threat in West Africa

    Ghana’s Interior Minister calls for stronger regional action against rising drug threat in West Africa

    AU, ECOWAS condemn Guinea-Bissau coup, demand restoration of constitutional order

    AU, ECOWAS condemn Guinea-Bissau coup, demand restoration of constitutional order

  • KumasiMail TV
No Result
View All Result
KumasiMail
No Result
View All Result
  • Home
  • News
  • Health
  • Education
  • Politics
  • Business
  • Showbiz
  • Opinion
  • Sports
  • Manhyia
  • Africa
  • KumasiMail TV
Home News

Kwame Boafo Akuffo: Court ruling on re-collation flawed

Kumasi Mail by Kumasi Mail
December 23, 2024
in News
0
Kwame Boafo Akuffo: Court ruling on re-collation flawed
Share on WhatsApp

In every facet of life, a man is entitled to double fidelity, save in matters of the law. The settled practice and the law require that the challenge to a declaration of a winner in an election must be by way of a petition.

The recent disputes about election declarations must be reconciled against the settled practice.

It is my understanding that an EC officer spoke to duress as the basis for making a declaration in favour of a candidate. The side in whose favour the Declaration was made deny this factual allegation. In such a circumstance, there is a clear case of dispute on the facts or contested evidence for that matter.

The basic law teaches that in contested matters, the law does not admit of Judicial Review remedies, save in jurisdictional matters where evidence will be led on a collateral fact.

Under the circumstances, the grant of an Application for Judicial Review in an election dispute where allegations of duress are being contested is a flawed position.

It is respectfully submitted, by way of an example that, in an instance where a Judge gives a Judgment without taking into account some aspects of the evidence, the remedy is an Appeal and not a Judicial Review.

The situation, in my view, is no different from the situation where a Declaration is made without taking into consideration the entirety of the “pink sheets” .

The allegation of duress by the EC Officer is one that has hints of criminality, and thus, the Court will reach a decision on same on a slight scale above the balance of probabilities in civil proceedings.

It is for the EC, which alleges “duress” to come before the Court to raise the issue, and not the other way round.

Yesterday’s proceedings were flawed. The other interested persons were not made parties to the process. This was a clear breach of natural justice.

It is necessary that the Courts and lawyers walk the settled path in such contentious matters.

At the root of this Mandamus Application is an attack on purported Declarations. To that end, the most fundamental flaw in all of these matters is that the Applicants do not have a cause of action for the declarations are ineffective, unless Gazetted.

The law makes room for aggrieved parties to complain, and thus, a party can make or pray for remedies in respect of processes leading to the Declaration.  In such a case, a party can ask for an Order directed at the EC to act in accordance with the CI 127.

However, once a Declaration is made, it merges into the common law. The aggrieved party must wait for his or her cause of action to accrue. There is no good in delivering premature Judgment.

Finally, I draw the reader’s attention to Order 55 rule (5) 3 of CI 47 which gives a Respondent to an Application for Judicial Review a settled time period of not less than 7 days to respond. This Application was filed on the 17th of Dec 2024 and heard on the 20th. That was extremely “curious”.

In the absence of an Application to Abridge at the time, the Court had no jurisdiction to have heard this Application.

Kwame Boafo Akuffo Esq

Box 99

Akropong Akwapim

Tags: Court ruling on re-collationflawedKwame Boafo Akuffotopstory
SendShareTweetShareShareShareSendScan
Previous Post

Gambaga ‘witches’ camp women lauded Mrs Lordina Mahama and her Lordina Foundation

Next Post

Post-electoral unrest: Early concession by Bawumia a factor – Adomako Kissi

YOU MAY LIKE

“Be bold and name the galamsey culprits; don’t generalize the issue,” Kabore urged Ghanaians
News

“Be bold and name the galamsey culprits; don’t generalize the issue,” Kabore urged Ghanaians

Agradaa Case: Court directs parties to submit plea bargain details
News

Agradaa Case: Court directs parties to submit plea bargain details

“Responsible Cooperative Mining”: Govt redirects 80% profits to workers, 10% for community dev’t- Kabore
News

“Responsible Cooperative Mining”: Govt redirects 80% profits to workers, 10% for community dev’t- Kabore

Kwahu chiefs petition REGSEC, demand swift action on chieftaincy impasse
News

Kwahu chiefs petition REGSEC, demand swift action on chieftaincy impasse

Bawku Conflict: Otumfuo concludes final mediation sitting at Manhyia
News

Otumfuo set to present recommendations on Bawku crisis to President Mahama

Next Post
OSP petition to investigate Vice President Bawumia’s role in PDS scandal

Post-electoral unrest: Early concession by Bawumia a factor – Adomako Kissi

Your legacy on Free SHS successful, but economy ‘woeful’ – Asah-Asante to Akufo-Addo

Your legacy on Free SHS successful, but economy ‘woeful’ – Asah-Asante to Akufo-Addo

LATEST NEWS

Nashville SC announce signing of Ghanaian defender Maxwell Woledzi

Nashville SC announce signing of Ghanaian defender Maxwell Woledzi

“Be bold and name the galamsey culprits; don’t generalize the issue,” Kabore urged Ghanaians

“Be bold and name the galamsey culprits; don’t generalize the issue,” Kabore urged Ghanaians

Meet Justice Dorinda Smith Arthur, the Judge at the centre of the Daddy Lumba spousal ruling

Meet Justice Dorinda Smith Arthur, the Judge at the centre of the Daddy Lumba spousal ruling

Agradaa Case: Court directs parties to submit plea bargain details

Agradaa Case: Court directs parties to submit plea bargain details

24-Hour Economy pilot shows promising gains — Vice-President Opoku-Agyemang

24-Hour Economy pilot shows promising gains — Vice-President Opoku-Agyemang

Ghana’s public debt drops to GH¢736 billion – Bank of Ghana

What informed the 18% policy rate: Full MPC reasoning released

“Responsible Cooperative Mining”: Govt redirects 80% profits to workers, 10% for community dev’t- Kabore

“Responsible Cooperative Mining”: Govt redirects 80% profits to workers, 10% for community dev’t- Kabore

Kwahu chiefs petition REGSEC, demand swift action on chieftaincy impasse

Kwahu chiefs petition REGSEC, demand swift action on chieftaincy impasse

Bawku Conflict: Otumfuo concludes final mediation sitting at Manhyia

Otumfuo set to present recommendations on Bawku crisis to President Mahama

“Fourteen Entrances Choked With ‘Illegal’ Traders”: Kumasi Traders support KMA boss’s decongestion exercise today

“Fourteen Entrances Choked With ‘Illegal’ Traders”: Kumasi Traders support KMA boss’s decongestion exercise today

  • Trending
  • Comments
  • Latest
52-Year-old man arrested in Nsawam for possessing suspected EC Biometric Device

52-Year-old man arrested in Nsawam for possessing suspected EC Biometric Device

Ghana Airforce Z-9 Helicopter Goes Missing en Route to Obuasi, Rescue Efforts Underway

Ghana Airforce Z-9 Helicopter Goes Missing en Route to Obuasi, Rescue Efforts Underway

Asokore Mamponhene Nana Boakye Ansah passes away

Asokore Mamponhene Nana Boakye Ansah passes away

EPA CEO calls for Immediate action to restore polluted water bodies in Ashanti region

EPA CEO calls for Immediate action to restore polluted water bodies in Ashanti region

Farmers sound alarm on Astroturf menace

Farmers sound alarm on Astroturf menace

Catholic Bishops urge resolution of NDC’s concerns before Peace Pact ahead of 2024 Elections

Catholic Bishops urge resolution of NDC’s concerns before Peace Pact ahead of 2024 Elections

Mahama must understand Banking sector clean-up before commenting – Bawumia

Mahama must understand Banking sector clean-up before commenting – Bawumia

EC can’t be trusted despite assurance to conduct transparent election- Elvis Afriyie Ankrah

EC can’t be trusted despite assurance to conduct transparent election- Elvis Afriyie Ankrah

Nashville SC announce signing of Ghanaian defender Maxwell Woledzi

Nashville SC announce signing of Ghanaian defender Maxwell Woledzi

“Be bold and name the galamsey culprits; don’t generalize the issue,” Kabore urged Ghanaians

“Be bold and name the galamsey culprits; don’t generalize the issue,” Kabore urged Ghanaians

Meet Justice Dorinda Smith Arthur, the Judge at the centre of the Daddy Lumba spousal ruling

Meet Justice Dorinda Smith Arthur, the Judge at the centre of the Daddy Lumba spousal ruling

Agradaa Case: Court directs parties to submit plea bargain details

Agradaa Case: Court directs parties to submit plea bargain details

Facebook Twitter Youtube Instagram
  • Baba Yara Stadium
  • Public Accounts Committee
  • Kumasi Zoo
  • Kumasi Central Market
  • Kumasi Cultural Center
  • Kumasi Metropolitan Assembly (KMA)
  • Kumasi High Court
  • Vienna City
  • Kumasi Rattray Park
  • Manhyia Palace
  • Kumawood
  • Krofrom market
  • Odwira Festival
  • 2026 FIFA World Cup
  • 2026 Flagbearer Election
  • 24hr economy
  • 1992 Constitution
  • 9th Parliament
  • Komfo Anokye Sword Site
  • Asante Kotoko SC
  • AbusuaNkommo
  • Oyerepa Afutuo
  • Akwasidae
  • Kumasi Heroes Park
  • Kumasi Prempeh 1 Airport
  • Tamale – Kumasi Highway
  • Komfo Anokye
  • Accelerated Export Development Programme
  • Komfo Anokye Teaching Hospital (KATH)
  • KNUST
  • Suame Margazine
  • Accra Hearts of Oak
  • Obuasi Gold Fields
  • Galamsey
  • Kumasi Technical Institute
  • Kumasi Technical University
  • Kejetia Market
  • Asantehene
  • Manhyia Meuseum
  • Accra-Kumasi highway
  • Royal Golf Club
  • Asantehemaa
  • Asafo Market
  • Tourism in Kumasi
  • Black Stars

Advertise | Submit Station | Submit Article
About Us | Terms | Contact Us

© 2025 KumasiMail.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist