• Contact US
  • Advertise With US
  • Privacy & Policy
  • Submit Station
Sunday, July 27, 2025
Kumasi Mail
Advertisement
  • Home
  • News
    • All
    • Education
    • Health
    • Manhyia
    Tension escalates in Manso Tontokrom over planned military deployment to disputed mining site

    Tension escalates in Manso Tontokrom over planned military deployment to disputed mining site

    Asawase Zongo Palace appeals for calm after killing of Kusasi Chief in Kumasi

    Asawase Zongo Palace appeals for calm after killing of Kusasi Chief in Kumasi

    Gov’t intensifies security measures amid Bawku chieftaincy conflict

    Gov’t intensifies security measures amid Bawku chieftaincy conflict

    Two students shot dead at Nalerigu SHS

    Two students shot dead at Nalerigu SHS

    Bawku SHS closed after student fatally shot on campus

    Bawku SHS closed after student fatally shot on campus

    DCE makes more recoveries of nearly Ghc120,000 stolen IGF, dismisses revenue collectors, demands finance officer’s transfer

    DCE makes more recoveries of nearly Ghc120,000 stolen IGF, dismisses revenue collectors, demands finance officer’s transfer

    Prof. H. Kwesi Prempeh calls for national consensus to actualize constitutional review

    Prof. H. Kwesi Prempeh calls for national consensus to actualize constitutional review

    Kumasi: IGP embarks on fact-finding mission in Asawase after two fatal shootings

    Kumasi: IGP embarks on fact-finding mission in Asawase after two fatal shootings

    Aspiring Nurse among two killed in Denase robbery shooting, three others injured

    Aspiring Nurse among two killed in Denase robbery shooting, three others injured

    • Health
  • Election 2024
  • Politics
  • Business
  • Showbiz
  • Education
  • Opinion
  • Sports
  • World
  • Manhyia
  • History
No Result
View All Result
  • Home
  • News
    • All
    • Education
    • Health
    • Manhyia
    Tension escalates in Manso Tontokrom over planned military deployment to disputed mining site

    Tension escalates in Manso Tontokrom over planned military deployment to disputed mining site

    Asawase Zongo Palace appeals for calm after killing of Kusasi Chief in Kumasi

    Asawase Zongo Palace appeals for calm after killing of Kusasi Chief in Kumasi

    Gov’t intensifies security measures amid Bawku chieftaincy conflict

    Gov’t intensifies security measures amid Bawku chieftaincy conflict

    Two students shot dead at Nalerigu SHS

    Two students shot dead at Nalerigu SHS

    Bawku SHS closed after student fatally shot on campus

    Bawku SHS closed after student fatally shot on campus

    DCE makes more recoveries of nearly Ghc120,000 stolen IGF, dismisses revenue collectors, demands finance officer’s transfer

    DCE makes more recoveries of nearly Ghc120,000 stolen IGF, dismisses revenue collectors, demands finance officer’s transfer

    Prof. H. Kwesi Prempeh calls for national consensus to actualize constitutional review

    Prof. H. Kwesi Prempeh calls for national consensus to actualize constitutional review

    Kumasi: IGP embarks on fact-finding mission in Asawase after two fatal shootings

    Kumasi: IGP embarks on fact-finding mission in Asawase after two fatal shootings

    Aspiring Nurse among two killed in Denase robbery shooting, three others injured

    Aspiring Nurse among two killed in Denase robbery shooting, three others injured

    • Health
  • Election 2024
  • Politics
  • Business
  • Showbiz
  • Education
  • Opinion
  • Sports
  • World
  • Manhyia
  • History
No Result
View All Result
Kumasi Mail
No Result
View All Result
  • Home
  • News
  • Election 2024
  • Politics
  • Business
  • Showbiz
  • Education
  • Opinion
  • Sports
  • World
  • Manhyia
  • History
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 FacebookShare on Twitter

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

Related

Tags: Court ruling on re-collationflawedKwame Boafo Akuffotopstory
ShareTweetSend
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

Tension escalates in Manso Tontokrom over planned military deployment to disputed mining site
News

Tension escalates in Manso Tontokrom over planned military deployment to disputed mining site

Asawase Zongo Palace appeals for calm after killing of Kusasi Chief in Kumasi
News

Asawase Zongo Palace appeals for calm after killing of Kusasi Chief in Kumasi

Gov’t intensifies security measures amid Bawku chieftaincy conflict
News

Gov’t intensifies security measures amid Bawku chieftaincy conflict

Two students shot dead at Nalerigu SHS
Education

Two students shot dead at Nalerigu SHS

Bawku SHS closed after student fatally shot on campus
News

Bawku SHS closed after student fatally shot on campus

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

Leave a ReplyCancel reply

LATEST NEWS

Tension escalates in Manso Tontokrom over planned military deployment to disputed mining site

Tension escalates in Manso Tontokrom over planned military deployment to disputed mining site

Asawase Zongo Palace appeals for calm after killing of Kusasi Chief in Kumasi

Asawase Zongo Palace appeals for calm after killing of Kusasi Chief in Kumasi

Gov’t intensifies security measures amid Bawku chieftaincy conflict

Gov’t intensifies security measures amid Bawku chieftaincy conflict

Two students shot dead at Nalerigu SHS

Two students shot dead at Nalerigu SHS

Bawku SHS closed after student fatally shot on campus

Bawku SHS closed after student fatally shot on campus

Highlife Legend Daddy Lumba Passes Away at 59

Presidency mourns Highlife Legend Daddy Lumba

DCE makes more recoveries of nearly Ghc120,000 stolen IGF, dismisses revenue collectors, demands finance officer’s transfer

DCE makes more recoveries of nearly Ghc120,000 stolen IGF, dismisses revenue collectors, demands finance officer’s transfer

Prof. H. Kwesi Prempeh calls for national consensus to actualize constitutional review

Prof. H. Kwesi Prempeh calls for national consensus to actualize constitutional review

Asante Kotoko triumphs over Kaizer Chiefs to win 2025 Toyota Cup

Asante Kotoko triumphs over Kaizer Chiefs to win 2025 Toyota Cup

Highlife Legend Daddy Lumba Passes Away at 59

Highlife Legend Daddy Lumba Passes Away at 59

  • 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

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

Daylight robbery at Accra’s Adabraka Market: Armed gunmen escape with sacks of cash

Daylight robbery at Accra’s Adabraka Market: Armed gunmen escape with sacks of cash

Hello world!

1
NCA promises lower data prices by year-end

NCA promises lower data prices by year-end

1
COVID-19: Information Ministry justifies GHC150K spent on staff

COVID-19: Information Ministry justifies GHC150K spent on staff

1
EC to conduct mop-up registration August 1-3

EC to conduct mop-up registration August 1-3

1
Tension escalates in Manso Tontokrom over planned military deployment to disputed mining site

Tension escalates in Manso Tontokrom over planned military deployment to disputed mining site

Asawase Zongo Palace appeals for calm after killing of Kusasi Chief in Kumasi

Asawase Zongo Palace appeals for calm after killing of Kusasi Chief in Kumasi

Gov’t intensifies security measures amid Bawku chieftaincy conflict

Gov’t intensifies security measures amid Bawku chieftaincy conflict

Two students shot dead at Nalerigu SHS

Two students shot dead at Nalerigu SHS

Facebook Twitter Youtube Instagram
Kumasi Mail

About US

Advertise With US

Submit Station

© 2024 KumasiMail.com