The Supreme Court has overturned a High Court order restraining the Electoral Commission from declaring results of the Asutifi South parliamentary election.

The five-member panel of the Supreme Court, chaired by Mr Justice William Atuguba, with Ms Justice Sophia Akuffo, Dr. Justice Date Bah, Mrs Justice Rose Owusu and Mr Justice Paul Baffoe-Bonnie as members also prohibited the High Court from further hearing the case.

The New Patriotic Party (NPP) candidate, Mr Yiadom-Boakye Boateng, took the matter to the High Court, days after the polls, claiming there were irregularities in the conduct of the elections in the constituency.

But the National Democratic Congress (NDC) candidate, Mr Collins Daudu, now Lands and Forestry Minister, filed a motion at the Supreme Court in Accra, to discontinue further proceedings on the matter at the High Court.

At its unanimous ruling on Tuesday, the court also awarded a cost of GH¢1,000 against Mr Boateng after which his lawyer Mr Esumah Kyreme admitted “the judges have spoken.”

He however insisted his client will weigh his options.

The court ruled that aggrieved parties in any election may head for the court only after the EC had declared results.

Mr Dauda, commenting on the court’s verdict said the determination sheds the “confusion” that has fraught the law on challenging results of elections conducted by the EC.

“If this decision had been the otherwise, what this country will be into is that in the process of elections, any candidate fearing losing the elections will head to the High Court, apply for an injunction restraining the Electoral Commission from declaring results,” he stressed.

He said any contrary decision would have only prepared the grounds for a chaotic political system in the country.

The EC, following the decision, can now declare a winner for the elections in the constituency, but Mr Collins Dauda said he is favourite to carry the day.

Story by Fiifi Koomson/