The National Democracy Congress’ Parliamentary Candidate for the Obuasi East Constituency, Samuel Aboagye, has withdrawn his application against the electoral commission over the second collation and declaration of results which overturned his results.
Samuel Aboagye, the first declared winner of the Obuasi East parliamentary election, had his victory overturned upon the second collation and he filed an action challenging the Electoral Commission’s actions.
But, in Court on Saturday, January 4, 2025, the Applicant through his laws led by Elikplim Agbemava withdrew the application with liberty to re-apply.
“We do have the instructions of the applicant (Samuel Aboagye) to withdraw the application and we did file a notice of discontinuance on January 3, 2025,” Counsel told the Court presided over by Justice Forson Baah Agyapong.
“May, I pray that the applicant’s application be discontinued with liberty to reapply,” Counsel added.
Gary Nimako, Counsel for the interested party – Patrick Boakye Yiadom, of the NPP did not oppose to the withdrawal request.
Justice Forson Baah Agyepong consequently struck out the application as withdrawn with liberty to re-apply.
Background
The suit, filed against the EC also named Patrick Boakye Yiadom as an interested party.
His application raised concerns about alleged irregularities in the process.
The Applicant Samuel Aboagye, through his legal representative, Elikplim L. Agbemava was requesting the court to:
Declare the EC’s second collation and declaration of results on December 21, 2024, null and void.
- Mandate the EC to gazette the results collated on December 8, 2024, which he claims declared him the winner based on Form 1D, signed by all parties involved.
- Issue an injunction preventing the EC from publishing any results contrary to those on the original Form 1D.
- Bar Patrick Boakye Yiadom from holding himself out as the elected Member of Parliament for Obuasi East.
- Issue an injunction preventing the EC from publishing any results contrary to those on the original Form 1D.
The applicant argued that, the Public Elections Regulations, 2020 (C.I. 127) do not permit a second collation or declaration after the official announcement of results.
He further contended that Form 1D, used to summarise election results, constitutes a binding agreement between the candidates and cannot be altered without their consent.
He insisted that he was initially declared the winner of the December 7, 2024 election and that any dissatisfied party should follow legal procedures to challenge the results.
