MPs-Elect for Akwatia and Fanteakwa North may miss swearing-in due to court injunction

The Members of Parliament-elect for Akwatia and Fanteakwa North constituencies in the Eastern Region may be unable to take their oaths of office during the inauguration of the 9th Parliament on Tuesday, January 7, due to a court injunction.

This follows the rejection of an application filed by legal representatives of the New Patriotic Party (NPP) to have an interim injunction preventing the swearing-in of Ernest Yaw Kumi, the Akwatia Parliamentary candidate-elect, set aside.

On Thursday, January 2, 2024, the court ruled in favor of the NDC parliamentary candidate, Henry Boakye Yiadom, granting him an injunction to prevent Kumi’s swearing-in. The injunction was issued against the Electoral Commission (EC), Kumi, and the Clerk of Parliament.

Gary Nimako Marfo, Esq., representing the NPP, argued that the ex parte injunction was based on an improper petition before the court and urged that it be overturned. He also contended that election results could only be contested 21 days after being gazetted.

However, Bernard Bediako Baidoo, representing the NDC’s Yiadom, countered that election results can be contested immediately after declaration, without waiting for gazetting.

In his ruling, His Lordship Senyo Amedahe supported the NDC’s position, referencing a press conference where the Electoral Commission confirmed it had gazetted the 274 parliamentary seats, including Akwatia, as required by CI 127.

Following the decision, Nimako Marfo expressed dissatisfaction and stated that the NPP would appeal to the Supreme Court. “We are going to the Supreme Court,” he declared.

Furthermore, the Fanteakwa North constituency will remain unrepresented in Parliament. The judge presiding over the case to determine an application to set aside a motion to block the swearing-in of Kwame Appiah Kodua, the parliamentary candidate-elect, has recused himself.

His Lordship George Akrofa Addae cited personal relationships and friendships with key individuals in the case as the reason for his decision.

Mintah Larbi, Director of Legal Affairs for the NDC in the Eastern Region, confirmed that the injunction served in Parliament remains in effect since the NPP has not had it lifted. He emphasized that it remains operative for now.

Due to the recusal, the case docket will be forwarded to the Chief Justice for review, and another judge will be assigned to handle future proceedings.