The legal counsel for Mr. Ernest Kumi, a parliamentary candidate for the Akwatia Constituency, Gary Nimako Marfo, has taken the matter to the Supreme Court, challenging the jurisdiction of the High Court in hearing an election petition filed by Hon. Henry Boakye Yiadom, the former Member of Parliament for the constituency.
This development stems from alleged procedural irregularities in the handling of the petition.
According to Mr. Marfo, the election petition filed on December 31, 2024, by Hon. Yiadom failed to meet the necessary legal requirements.
Specifically, he noted that the Electoral Commission (EC) had not gazetted the parliamentary election results for the Akwatia Constituency by the time the petition was filed.
This omission, he argued, rendered the petition improper and void, as the gazette publication, dated January 6, 2025, is a legal prerequisite for such petitions.
The controversy began when the High Court granted an interim injunction on January 2, 2025, restraining Mr. Kumi from acting as a Member of Parliament. Mr. Marfo contended that the court erred in its decision, as the petition relied on information that was not officially gazetted at the time.
He also criticized the court for relying on media reports and outdated legislation to justify its ruling, describing this as a breach of natural justice.
Furthermore, Mr. Marfo questioned the High Court’s impartiality, asserting that the judge demonstrated bias by proceeding with the case despite being informed about the absence of the gazette notification.
This, he argued, caused significant prejudice against his client and the constituents of Akwatia.
The application before the Supreme Court seeks several reliefs, including:
1. A declaration that the petition filed on December 31, 2024, is incompetent due to the absence of a gazette notification.
2. An order quashing the High Court’s January 6, 2025, ruling and all orders made based on the petition.
3. An order prohibiting the High Court from continuing to hear the petition due to its lack of jurisdiction.
Explaining the legal process, Mr. Marfo emphasized the critical role of the Electoral Commission in communicating election results to Parliament through the gazette.
He clarified that the gazette serves as the official notification for recognizing elected members, without which parliamentary proceedings concerning an elected representative would be procedurally flawed.
The Supreme Court’s ruling on this matter is eagerly awaited, as it will not only determine the fate of the Akwatia parliamentary seat but also set a precedent for addressing procedural lapses in election petitions.
