The Koforidua High Court has upheld an injunction barring Ernest Kumi, the New Patriotic Party (NPP) Parliamentary Candidate, from being sworn in as the Member of Parliament (MP) for the Akwatia Constituency. The ruling also prevents the Clerk of Parliament from administering the oath of office to him.
This legal development stems from a petition filed by Henry Boakye Yiadom, the National Democratic Congress (NDC) parliamentary candidate for the constituency. The petition disputes the results of the recent elections, which were declared by the Electoral Commission (EC) at the National Police Training School in Tesano, Accra.
Details of the Ruling
On January 2, 2025, the court granted the injunction, halting Kumi’s swearing-in and restraining him from presenting himself as the MP-elect. The NDC’s legal challenge argues irregularities in the electoral process, claiming that the EC’s declaration was flawed.
Arguments by the Parties
- For the NPP:
Counsel for Ernest Kumi, Gary Nimako Marfo, contested the legitimacy of the injunction. He argued that election results can only be challenged within 21 days after they are published and gazetted, asserting that the petition was premature and improperly filed. Nimako called for the injunction and associated processes to be dismissed. - For the NDC:
Mintah Larbi, the Director of Legal Affairs for the NDC in the Eastern Region, expressed satisfaction with the court’s decision to uphold the injunction. Larbi emphasized that the party is confident in its case and described the court’s decision as a step toward rectifying perceived injustices in the December 7 elections.
Implications
The court’s decision to maintain the injunction effectively delays the parliamentary representation of Akwatia, pending further legal proceedings. This development adds to the growing list of election disputes following Ghana’s 2024 general elections, with several constituencies facing legal challenges over declared results.
Both parties await the resolution of the main petition, which could determine the ultimate outcome for the Akwatia parliamentary seat.
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