The legal proceedings surrounding the injunction on Ernest Kumi’s Swearing-in have had a profound effect on the political landscape in the Eastern Region. This development holds particular significance for the Akwatia constituency, as detailed in the related articles on Yawa News. The political landscape in the Eastern Region has been significantly impacted by recent legal developments concerning the Akwatia constituency.
On January 2, 2025, the Koforidua High Court granted an injunction preventing Ernest Kumi, the New Patriotic Party (NPP) parliamentary candidate, from being sworn in as the Member of Parliament for Akwatia.
This decision also restrains the Clerk of Parliament from administering the oath of office to Kumi.
The injunction was filed by Henry Boakye-Yiadom, the National Democratic Congress (NDC) parliamentary candidate, who contested the validity of Kumi’s election. Boakye-Yiadom’s legal team argued that the election results could be challenged immediately after their declaration, without awaiting official gazetting.
The court, presided over by His Lordship Senyo Amedahe, upheld this argument, referencing a press conference where the Electoral Commission confirmed the gazetting of 274 parliamentary seats, including Akwatia, under CI 127.
In response, the NPP’s legal team, led by Gary Nimako Marfo, expressed dissatisfaction with the ruling. Marfo contended that the injunction was improper and that election results should only be contested 21 days after being gazetted. He criticized the court’s decision to proceed ex parte, without hearing from all affected parties, stating,
“A case has been called ex parte without notice to the affected party.
I am in court, and I say I want to be heard. You are telling me you will not hear me because I am not on record as a lawyer for the affected party.”
Marfo further questioned the basis of the injunction, particularly the claim that the Electoral Commission’s announcement of results amounted to gazetting.
He remarked, “Since when did a news item on GhanaWeb or the Ghana News Agency become a gazette notification?”
Despite the court’s decision, Marfo indicated that the NPP intends to escalate the matter to the Supreme Court, stating, “We are going to the Supreme Court.”
This legal contention has broader implications, as Members of Parliament-elect for both the Akwatia and Fanteakwa North constituencies may be unable to take the oath of office during the inauguration of the 9th Parliament on January 7, 2025.
The injunctions against their swearing-in underscore the complexities and legal challenges that can arise in electoral processes, potentially affecting parliamentary representation and the legislative process.
As the situation unfolds, the NPP’s pursuit of legal redress in the Supreme Court will be pivotal in determining the final outcome for the Akwatia constituency’s parliamentary representation.
‘We live to see, we are in the country’ – Gary Nimako Marfo, member of the NPP legal team, reacts as the court upholds injunction, blocking the NPP’s Ernest Kumi’s swearing-in as Akwatia MP.#ElectionBureau #CitiNewsroom #CitiVerify pic.twitter.com/Y9dkJuZeaf
— CITI FM 97.3 (@Citi973) January 6, 2025