The High Court in Kumasi has ordered substituted service on the Electoral Commission of Ghana and other respondents in a parliamentary election petition.
The petition, filed by Samuel Aboagye, challenges the legitimacy of the parliamentary election held in the Obuasi East Constituency on December 7, 2024.
The Battle for Electoral Justice Heats Up
The petitioner is seeking to overturn the election results, citing widespread irregularities and electoral malpractices.
The respondents, including Patrick Boakye Yiadom, the Electoral Commission of Ghana, and the Speaker of Parliament, have been ordered to respond to the petition.
In a ruling delivered on January 28, 2025, the High Court ordered substituted service on the respondents, paving the way for the petition to proceed.
The court specified that the documents be posted on the following locations:
- The High Court’s Notice Board in Kumasi, Ashanti
- The Parliament of Ghana’s Notice Board in Accra
- The New Patriotic Party’s Constituency Office in Obuasi East.
- By pasting copies at the Headquarters Notice Board or
premises of the 2nd Respondent in Accra.
• By pasting copics at the Ashanti Regional Office’s Notice
Board or premises of the 2nd Respondent
The documents will remain posted for 10 days, as required by law. This means that the respondents have just 10 days to respond to the petition, setting the stage for a dramatic showdown in court.
The outcome of this petition will have far-reaching implications for the legitimacy of the election results and the representation of the Obuasi East Constituency in Parliament. Will the petitioner succeed in overturning the election results, or will the respondents emerge victorious? One thing is certain: this case will be a defining moment in Ghana’s electoral history. Stay tuned for further updates!
Background:
The suit, filed against the EC also named Patrick Boakye Yiadom as an interested party.
His application raised concerns about alleged irregularities in the process.
The Applicant Samuel Aboagye, through his legal representative, Elikplim L. Agbemava was requesting the court to:
Declare the EC’s second collation and declaration of results on December 21, 2024, null and void.
Mandate the EC to gazette the results collated on December 8, 2024, which he claims declared him the winner based on Form 1D, signed by all parties involved.
Issue an injunction preventing the EC from publishing any results contrary to those on the original Form 1D.
Bar Patrick Boakye Yiadom from holding himself out as the elected Member of Parliament for Obuasi East.
The applicant argued that, the Public Elections Regulations, 2020 (C.I. 127) do not permit a second collation or declaration after the official announcement of results.
He further contended that Form 1D, used to summarise election results, constitutes a binding agreement between the candidates and cannot be altered without their consent.
He insisted that he was initially declared the winner of the December 7, 2024 election and that any dissatisfied party should follow legal procedures to challenge the results.
www.kumasimail.com / Kwadwo Owusu
