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The Supreme Court has adjourned to 30 April to rule on an application filed by Akwatia MP, Ernest Kumi, seeking to overturn an interim injunction that was issued against his swearing-in on 6 January.
Despite the injunction, Kumi proceeded with the swearing-in ceremony, leading to a contempt charge by the High Court. He is now petitioning the Supreme Court to quash the injunction and bar the High Court judge from further hearing the case.
Ernest Kumi’s legal team, led by Gary Nimako Marfo, argues that the High Court erred in granting the injunction, as it lacked jurisdiction. According to them, the injunction stemmed from an election petition filed by NDC parliamentary candidate Henry Boakye on 31 December 2024.
However, they contend that under electoral laws, such petitions can only be filed within 21 days of the official gazette publication of election results. They claim the gazette was issued on 6 January 2025, making the petition premature.
On the other hand, Henry Boakye’s lawyers refuted this, asserting that the Electoral Commission (EC) had gazetted the results earlier on December 24, 2024. Lead counsel Bernard Bediako Baidu argued that the gazette presented by Kumi was inaccurate and that their client had the original version, backed by EC filings referencing Gazette No. 234 from December 24. He also pointed out inconsistencies in Kumi’s document, which bore a different gazette number.
The EC’s legal representative, Justin Amennuvor, stated that neither document was presented to the High Court at the time of its ruling. He revealed that the judge had instead relied on an online publication cited by NDC lawyers to determine jurisdiction. Amennuvor insisted that since the court did not have the official gazette record before making its decision, its ruling should be overturned.
The panel made up of five justices, chaired by Justice Gabriel Pwamang, will deliver its ruling on the matter on 30 April.
Report by Elvis Andoh for Asaase News
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