• Contact US
  • Advertise With US
  • Privacy & Policy
  • Submit Station
Thursday, October 23, 2025
Kumasi Mail
Advertisement
  • Home
  • News
    • All
    • Education
    • Health
    • Manhyia
    Woman, 24, found dead In boyfriend’s room

    One person shot dead during Odwira rituals , 3 injured, 34 arrested by Police

    Ministry of Education challenges Akrofuom MP, other to prove claims amid explosive School Placement corruption claims

    Ministry of Education challenges Akrofuom MP, other to prove claims amid explosive School Placement corruption claims

    Sesi Technologies unveils groundbreaking FarmSense soil intelligence system at KNUST

    Sesi Technologies unveils groundbreaking FarmSense soil intelligence system at KNUST

    Ghana’s 9th Parliament officially inaugurated

    Parliament halts reintroduction of Anti-Gay Bill after advertisement error

    Abdul-Wahab Hanan denies corruption allegations mentioned by Attorney General

    Abdul-Wahab Hanan denies corruption allegations mentioned by Attorney General

    AG charges former Buffer Stock CEO and wife over GHS78m theft, money laundering

    AG charges former Buffer Stock CEO and wife over GHS78m theft, money laundering

    Chairman Wontumi granted GH¢1m bail ahead of trial over illegal mining

    Attorney-General Dr. Dominic Ayine rejects plea deal in Wontumi case

    Krofrom Market files sealed- KMA promises revelation “in due course”

    Krofrom Market files sealed- KMA promises revelation “in due course”

    Richard Ofori Agyeman Boadi, KMA BOSS

    KMA orders removal of unauthorized structures and billboards ahead of road project

    • Health
    • Education
  • Election 2024
  • Politics
  • Business
  • Showbiz
  • Opinion
  • Sports
  • World
  • Media
  • Manhyia
  • History
No Result
View All Result
  • Home
  • News
    • All
    • Education
    • Health
    • Manhyia
    Woman, 24, found dead In boyfriend’s room

    One person shot dead during Odwira rituals , 3 injured, 34 arrested by Police

    Ministry of Education challenges Akrofuom MP, other to prove claims amid explosive School Placement corruption claims

    Ministry of Education challenges Akrofuom MP, other to prove claims amid explosive School Placement corruption claims

    Sesi Technologies unveils groundbreaking FarmSense soil intelligence system at KNUST

    Sesi Technologies unveils groundbreaking FarmSense soil intelligence system at KNUST

    Ghana’s 9th Parliament officially inaugurated

    Parliament halts reintroduction of Anti-Gay Bill after advertisement error

    Abdul-Wahab Hanan denies corruption allegations mentioned by Attorney General

    Abdul-Wahab Hanan denies corruption allegations mentioned by Attorney General

    AG charges former Buffer Stock CEO and wife over GHS78m theft, money laundering

    AG charges former Buffer Stock CEO and wife over GHS78m theft, money laundering

    Chairman Wontumi granted GH¢1m bail ahead of trial over illegal mining

    Attorney-General Dr. Dominic Ayine rejects plea deal in Wontumi case

    Krofrom Market files sealed- KMA promises revelation “in due course”

    Krofrom Market files sealed- KMA promises revelation “in due course”

    Richard Ofori Agyeman Boadi, KMA BOSS

    KMA orders removal of unauthorized structures and billboards ahead of road project

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

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

Woman, 24, found dead In boyfriend’s room
News

One person shot dead during Odwira rituals , 3 injured, 34 arrested by Police

Ministry of Education challenges Akrofuom MP, other to prove claims amid explosive School Placement corruption claims
Education

Ministry of Education challenges Akrofuom MP, other to prove claims amid explosive School Placement corruption claims

Sesi Technologies unveils groundbreaking FarmSense soil intelligence system at KNUST
News

Sesi Technologies unveils groundbreaking FarmSense soil intelligence system at KNUST

Ghana’s 9th Parliament officially inaugurated
News

Parliament halts reintroduction of Anti-Gay Bill after advertisement error

Abdul-Wahab Hanan denies corruption allegations mentioned by Attorney General
News

Abdul-Wahab Hanan denies corruption allegations mentioned by Attorney General

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 Reply Cancel reply

Your email address will not be published. Required fields are marked *

LATEST NEWS

Woman, 24, found dead In boyfriend’s room

One person shot dead during Odwira rituals , 3 injured, 34 arrested by Police

Ministry of Education challenges Akrofuom MP, other to prove claims amid explosive School Placement corruption claims

Ministry of Education challenges Akrofuom MP, other to prove claims amid explosive School Placement corruption claims

Sesi Technologies unveils groundbreaking FarmSense soil intelligence system at KNUST

Sesi Technologies unveils groundbreaking FarmSense soil intelligence system at KNUST

Ghana’s 9th Parliament officially inaugurated

Parliament halts reintroduction of Anti-Gay Bill after advertisement error

Abdul-Wahab Hanan denies corruption allegations mentioned by Attorney General

Abdul-Wahab Hanan denies corruption allegations mentioned by Attorney General

AG charges former Buffer Stock CEO and wife over GHS78m theft, money laundering

AG charges former Buffer Stock CEO and wife over GHS78m theft, money laundering

Chairman Wontumi granted GH¢1m bail ahead of trial over illegal mining

Attorney-General Dr. Dominic Ayine rejects plea deal in Wontumi case

Krofrom Market files sealed- KMA promises revelation “in due course”

Krofrom Market files sealed- KMA promises revelation “in due course”

Richard Ofori Agyeman Boadi, KMA BOSS

KMA orders removal of unauthorized structures and billboards ahead of road project

Ghana’s Future at Risk: Poisoned lands, sick children, and a booming illegal gold economy- Minority raises alarm

Ghana’s Future at Risk: Poisoned lands, sick children, and a booming illegal gold economy- Minority raises alarm

  • 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

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
Woman, 24, found dead In boyfriend’s room

One person shot dead during Odwira rituals , 3 injured, 34 arrested by Police

Ministry of Education challenges Akrofuom MP, other to prove claims amid explosive School Placement corruption claims

Ministry of Education challenges Akrofuom MP, other to prove claims amid explosive School Placement corruption claims

Sesi Technologies unveils groundbreaking FarmSense soil intelligence system at KNUST

Sesi Technologies unveils groundbreaking FarmSense soil intelligence system at KNUST

Ghana’s 9th Parliament officially inaugurated

Parliament halts reintroduction of Anti-Gay Bill after advertisement error

Facebook Twitter Youtube Instagram
Kumasi Mail

About US

Advertise With US

Submit Station

© 2024 KumasiMail.com