Audio By Carbonatix
Former Deputy Attorney-General, Alfred Tuah-Yeboah, has attributed what he describes as “procedural lawlessness” in the Kpandai election dispute to the actions of the Registrar of the Tamale High Court, following the service of court processes on Parliament.
Speaking on JoyNews’ Newsfile programme on Saturday, December 20, Tuah-Yeboah criticised the decision to serve Parliament with processes stemming from the High Court ruling that annulled the 2024 Kpandai parliamentary election, despite the matter being under active appeal.
According to him, once a notice of appeal had been filed, all enforcement actions flowing from the High Court decision ought to have been suspended.
“This is where the lawlessness comes in,” he said.
“The Registrar of the Tamale High Court should have known that once the decision was appealed, you cannot go ahead and serve Parliament as if the matter had been conclusively settled.”
Tuah-Yeboah argued that the service of Parliament triggered a chain of events that led to confusion and institutional overreach, including steps taken towards declaring the seat vacant and preparing for a rerun.
He stressed that such actions undermined due process and respect for the appellate system.
“You don’t enforce a judgment that is under appeal. That is basic procedural law,” he added.
The former Deputy Attorney-General welcomed the Supreme Court’s decision to suspend all preparations for the Kpandai parliamentary rerun, saying it was necessary to restore order and prevent further constitutional breaches.
He cautioned judicial officers and state institutions to exercise greater care in election-related matters, noting that mistakes at any stage can have far-reaching consequences for democracy and public confidence in the rule of law.
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