The Supreme Court has adjourned indefinitely, the New Patriotic Party’s suit seeking to overturn a Koforidua High Court’s January 2 injunction on the Akwatia constituency seat.
Parliamentary Candidate for the National Democratic Congress, Henry Boakye Yiadom, filed an election petition at the High Court in Koforidua on 31st December, 2024, and sought for an Ex-Parte interim injunction to prevent the swearing-in of the NPP’s candidate, Ernest Kumi as MP.
This was after the Electoral Commission declared Ernest Kumi winner of the Akwatia Constituency elections, after conclusion of the collation process on December 12.
Listen to Gary Nimako, Lawyer for the NPP in the video below.
The Koforidua High Court on January 2, 2025, granted the NDCs injunction application.
The court in its ruling ordered that the respondents (Ernest Yaw Kumi, Electoral Commission, Clerk of Parliament) “their representatives, agents, servants and all privies are restrained from proceeding to call, admit, register, swear-in, recognise, gazette the 1st Respondent as the elected Member of Parliament for the Akwatia constituency, and for the 1st respondent from holding himself out as Member of Parliament for Akwatia Constituency.”
The NPP subsequently filed a case at the Supreme Court, asking the Apex Court to overturn the injunction decision.
Despite pending determination of the matter, the Electoral Commission went ahead to gazette Ernest Yaw Kumi among 274 others as MP-Elects, and subsequent swearing-in by parliament on January 7.
When the case was called in court Thursday, the SC revealed the court’s records indicated that the NPP had failed to serve the processes on the NDC.
The court proceeded to adjourn the case indefinitely.
NDC CASE AGAINST TEMA CENTRAL, OKAIKWEI CENTRAL, TECHIMAN SOUTH, AND ABLEKUMA NORTH COLLATION
The Supreme Court in a separate matter, has also adjourned hearing of the National Democratic Congress’s case against the collation of Tema Central, Okaikwei Central, Techiman South, and Ablekuma North indefinitely.
The NDC filed a case at the Supreme Court seeking to overturn the decision of the High Court, presided over by Justice Forson Baah Agyapong, on Saturday, 4 January, which granted a mandamus application filed by the New Patriotic Party.
The court has been compelled to adjourn this case Sine die because the NDC has also failed to serve the suit on the NPP.
Both parties are expected to serve each other before the two case could proceed.
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