Members of Parliament-elect for the Akwatia and Fanteakwa North constituencies in the Eastern region may not be able to take the oath of office during the inauguration of the 9th Parliament at dawn on Tuesday, January 7, due to a court injunction.

This follows the dismissal of an application filed by legal counsel for the New Patriotic Party (NPP) to set aside an interim injunction preventing the swearing-in of the Akwatia Parliamentary candidate-elect, Ernest Yaw Kumi.

On Thursday, January 2, 2024, the court granted the request of the NDC parliamentary candidate, Henry Boakye Yiadom, to prohibit the swearing-in of Ernest Kumi, the candidate-elect for Akwatia, citing the injunction against the Electoral Commission (EC), Ernest Kumi, and the Clerk of Parliament.

Gary Nimako Marfo, Esq., counsel for the NPP, moved the application, arguing that the ex parte injunction was based on a petition that was improper before the court. He urged the court to set aside the injunction order and dismiss the petition entirely. He further contended that election results can only be contested 21 days after they have been published and gazetted.

However, Bernard Bediako Baidoo, counsel for the NDC parliamentary candidate, disagreed, asserting that election results can be challenged immediately after they are declared and that there is no requirement to wait for the gazetting of results before contesting them.

In his ruling, His Lordship Senyo Amedahe upheld the argument presented by the NDC’s counsel, citing a press conference where the Electoral Commission had confirmed that it had gazetted 274 parliamentary seats, including the Akwatia constituency, as per CI 127.

Gary Nimako Marfo expressed dissatisfaction with the ruling and indicated that the NPP would seek redress at the Supreme Court. “We are going to the Supreme Court,” he stated.

Additionally, the Fanteakwa North constituency will remain unrepresented in Parliament, as the judge presiding over the case to determine the application to set aside a motion for certiorari and prohibition against the swearing-in of Kwame Appiah Kodua, the parliamentary candidate-elect, has recused himself.

His Lordship George Akrofa Addae cited personal connections and friendships with key individuals involved in the case as reasons for his decision.

The Director of Legal Affairs for the NDC in the Eastern Region, Mintah Larbi, speaking to the media after the court proceedings, stated “The injunction that we served in Parliament is still active because the NPP has not set it aside.” He further added, “At this stage, it continues to operate.”

As a result of the recusal, the registrar of the court is required to forward the docket of the case to the Chief Justice for further review and for subsequent hearings to be conducted by a different judge.