Court to decide on NPP’s motion against Akwatia MP-elect injunction on 6 January

A Koforidua High Court has adjourned its ruling to Monday (6 January 2025) on an application filed by the New Patriotic Party (NPP) seeking to overturn an interim injunction that prevents the swearing-in of Ernest Kumi as the Member of Parliament-elect for the Akwatia constituency.

The court on Thursday (2 January 2025) granted the injunction requested by the National Democratic Congress (NDC) parliamentary candidate, Henry Boakye Yiadom. The injunction, directed at the Electoral Commission (EC), Ernest Kumi, and the Clerk of Parliament, prohibits Kumi’s swearing-in.

Gary Nimako Marfo Esq., counsel for the NPP, argued in court that the ex parte injunction was improperly filed, as the accompanying petition was not valid before the court. He prayed the court to not only set aside the injunction but also dismiss the petition entirely.

He contended that election results could only be contested within 21 days of being published and gazetted.

However, Bernard Bediako Baidoo, representing the NDC parliamentary candidate, opposed this position. He argued that election results can be challenged immediately after they are declared and that waiting for gazetting is unnecessary.

In his closing submissions, Gary Nimako Marfo attempted to introduce additional arguments to reinforce his case, but His Lordship Senyo Amedahe stopped him after the NDC lawyer objected, stating that it amounted to re-arguing his case.

During the session, several legal precedents were cited by both parties. The NPP urged the court to dismiss the petition, noting that the interim injunction would lapse after 10 days unless renewed.

Speaking to journalists after the hearing, Isaac Minta Larbi, head of legal affairs for the NDC in the Eastern Region, stated, “The NDC was properly before the court, without blemish, and the court should take a firm stand so we can demolish them. We opposed their application on valid grounds, and we believe that, in the end, we will have a positive outcome.”

Gary Nimako Marfo declined to comment further on the case.

Meanwhile, newly elected MPs are scheduled to be sworn into office at midnight on 7 January 2025.

Reporting By Jonathan Ofori, Asaase Newsroom

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