The Koforidua High Court will rule on an application seeking to set aside an injunction barring Ernest Yaw Kumi’s swearing-in as the Member of Parliament-elect for Akwatia today.
The swearing-in of the MP elect, scheduled for the midnight of January 7, 2024, remains in limbo.
On January 2, 2025 , the court presided over by Justice Senyo Amedahe issued an interim injunction preventing Mr. Kumi’s swearing-in following a lawsuit filed by Henry Boakye-Yiadom, the NDC parliamentary candidate.
The lawsuit, filed against the Electoral Commission, Ernest Yaw Kumi, and the Clerk to Parliament, challenges the election results, which declared Mr. Kumi of the NPP the winner with 19,269 votes against Mr. Boakye-Yiadom’s 17,206 votes.
Before the motion hearing, counsel for Mr. Boakye-Yiadom Benard Bediako Baidoo raised concerns about the validity of Gary Nimako’s license number as it appeared on the soft copy of the motion paper served on Saturday evening. He argued that the issue rendered the application unfit for consideration.
Mr. Nimako countered that the error originated from the court registry and had been corrected in the hard copy of the writ served to the defense counsel.
The presiding judge directed the parties to proceed with the substantive motion.
During the hearing, Gary Nimako Esq, lead counsel for Ernest Yaw Kumi, argued that the injunction application and election petition were improperly filed.
He cited Section 16(1) of the Representation of the People’s Law, 1992 (PNDC Law 284), which stipulates that such actions can only be initiated after the Electoral Commission gazettes the MP-elect or in cases involving corruption or criminal allegations.
In response, Bernard Bediako Baidoo Esq., counsel for the respondent, led by Isaac Minta Larbi Esq., referenced Supreme Court rulings interpreting Section 16(1) of PNDC Law 284. He argued that a petition can be filed once the election process is completed and the winner declared or gazetted.
Justice Senyo Amedahe adjourned the ruling on the motion to Monday, January 6, 2025.
In a separate case involving a Writ of Summons and Certiorari filed against Kwame Appiah Kodua, the MP-elect for Fanteakwa North, was not heard. Lawyer Isaac Minta Larbi Esq., representing Haruna Appau Wiredu, the NDC parliamentary candidate, had filed the suit.
Gary Nimako Esq has however filed an application to overturn the writ.
However, the judge lacked authorization to sit on the case on Sunday, prompting an adjournment to Monday.
Mr. Appiah Kodua was declared the winner during a re-declaration by the Electoral Commission in Tesano, Accra, overturning an earlier declaration that favored Mr. Wiredu.
