Koforidua High Court Adjourns Ruling on Interim Injunction Preventing Swearing-in of Akwatia MP-elect Ernest Kumi

The 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 preventing Ernest Kumi from being sworn in as the Member of Parliament-elect for the Akwatia constituency.

On Thursday, 2 January 2025, the court granted an interim injunction requested by the National Democratic Congress (NDC) parliamentary candidate, Henry Boakye Yiadom. The injunction, which affects the Electoral Commission (EC), Ernest Kumi, and the Clerk of Parliament, bars Kumi’s swearing-in pending the resolution of the matter.

During Thursday’s hearing, Gary Nimako Marfo Esq., counsel for the NPP, argued that the ex parte injunction was improperly filed, claiming that the accompanying petition was invalid before the court. He urged the court to dismiss both the injunction and the petition, pointing out that election results can only be contested within 21 days after they are gazetted.

However, Bernard Bediako Baidoo, the lawyer for the NDC, countered that election results could be contested immediately after being declared, without waiting for gazetting, and that the petition filed by the NDC was valid.

In his closing submissions, Marfo attempted to present additional arguments, but was interrupted by the NDC lawyer, who objected to what they viewed as re-argumentation. The court sided with the objection and prevented Marfo from introducing the new arguments.

Legal precedents were cited by both parties during the session. The NPP’s legal team maintained that the injunction was unnecessary and would expire after 10 days unless renewed, while the NDC reiterated its position on the validity of the petition and injunction.

Following the hearing, Isaac Minta Larbi, head of legal affairs for the NDC in the Eastern Region, expressed confidence that the court would rule in favor of the NDC, emphasizing that the party had properly approached the court. He stressed that the NDC was prepared to prevail in the matter.

Gary Nimako Marfo declined to comment further after the hearing.

The case remains under review, with the ruling on the injunction expected to be delivered on Monday. Meanwhile, new Members of Parliament are scheduled to be sworn into office at midnight on 7 January 2025.